An illegal immigrant can file for bankruptcy in the United States. There is no reference to a citizenship requirement in the Bankruptcy Law. US Code §109 provides the requirements to be a “debtor.” The most common way to be eligible to be a debtor is to have a “domicile” in your state. A domicile “requires the physical presence of a person at the place of the domicile claimed, coupled with the intention of making it his present home.” Ellis v. Southeast Construction Co., Inc., 260 F.2d 280. The timing of where you use as a domicile can be tricky if you have not been domiciled in your state for two years.