ok as some of you may know i ran into this before with the rent. David has just started a new job and we ran behind on the rent, as his paychecks wern't consitent enough. However we were threatened with eviction and we found somewhere else to go with the full intention of making payments per month on this place for the back rent that is owed we owe a month. What i need to know is that as the lease for this place is in both our names if we both get served, is this case enough for me to be deported? We are still going through the aos (did the interview) just waiting for them to stamp me after verification of my immunisations.

Thanks guys

K

I am not an attorney but taking this rationally, I would say no. Why? Because BCIS does not care if you declare bankruptcy and an eviction notice or court claim for back rent is a monetary issue. As long as the USC spouse can still fulfill the Affidavit of Support I can't see that there is a problem. By the time it would be, if it were to become one, you would have repaid the money owed and the matter would be moot.

Rete

In your personal opinion: If you were threatened with eviction and they said ok pay the rent by a certain date, and you will just pay court costs, but you couldnt pay the rent but someone lent you the money for somewhere else to go and start again. Would you go and start again or stay in your old place and hope that they wouldnt evict you anyway even after you paid the rent.

Thanks Rete i appreciate it, im worried as you can see.

Personally, if someone gave me the money to find a new apartment, assuming deposit and first month's rent here and cost of moving truck, etc., I would stay where I was if the apartment was adequate in size and the landlord said I could stay after settling up and paying court costs, I would use the money that way. Then would save up and repay the person kind enough to help me out and then save up enough to more without having to borrow more money.

However, if the landlord was not agreeable and the present rent is a fee I could not pay each month then I would use the money to move to an apartment I could afford and plead with the court for a payment plan based on income to repay the old landlord for back rent and court costs.

Rete

This is confusing. Are you saying you are being threatened with eviction (three-day notice or some other notice giving you the choice of paying the back rent or moving to avoid court proceedings) or actually are in the process of being evicted (i.e. court proceedings have begun?)

If the former, I'd avoid having it get to court at all costs for many reasons. The filing of a lawsuit against someone is public record -- and eviction is a lawsuit. The mere filing is reported to the Big Three credit reporting agencies, as all public records are, even if the matter is ultimately settled or dismissed or you win. While I doubt the BCIS has time or inclination to run your credit report, it would show up if they were ever so inclined, and and you can't get rid of it even if you made all the agreed-to payments or even if the thing was dismissed until after the statutory time period for public records reporting by credit agencies has elapsed (10 years).

If you're past that point, and already in unlawful detainer, it would seem like that logically you would not be deported merely because you had a debt that was reduced to a judgment (as an order to pay the back rent would be). I honestly can't say for sure since I'm not an immigration lawyer but generally there are constitutional limitations on the types of sanctions/limitations on privileges that can be imposed upon someone solely because they have an outstanding unpaid debt (there are of course exceptions). Deportation -- the forced removal from the country -- merely because of a debt seems way over the top.

The immigration lawyers will know for sure, I'd imagine.

Can you be evicted for non-payment of rent because you are a co-lease holder
with a US citizen.?

No.. absolutely not. The details are irrelevant. This is a civil issue not
a criminal issue provided:

You make "good faith efforts" to repay the money.
The landlord cannot make "unreasonable demands" either.

Avoid court and there will be no records. Go directly to the landlord and
explain the situation and hand him some money right there on the spot. If
he takes the money, he's implying he wants the money more than the fight.
Follow through and pay the man. Cut grass, pick up trash... work hard...
sell some of your stuff.... you will be just fine.

good luck.

Umm....I don't know if you intended to use the word "deported" instead of "evicted" in your answer, but.....

Assuming you meant literally what you said, you are incorrect. Eviction of a signatory to a lease (co-lease holder) for non-payment of rent is not only *possible*, but *mandatory* (if you actually want to make the eviction stick and remove the signatory from the premises, which I assume things have not come to yet here).

But the poster inquired about whether she could be *deported*, so I will assume that your very certain answer was addressing that subject instead.

What criminal law has to do with either eviction or deportation in this context is anyone's guess.

/shrug