IMMIGRATION BAIL BONDS

Immigration Bail Bonds in the United States

Immigration Bonds in Spanish – Este artículo también está disponible en español

Coming to America is a dream to many people around the world; especially for those who were born in second and third world countries. Immigrants who do make their way to the United States and are granted their wish to become legally naturalized citizens have truly achieved a wonderful accomplishment which will benefit themselves, as well as their family for years to come.

Immigration and Citizenship in America

Unlike previous generations, gaining access to legal residency in the USA is a difficult feat which requires a long waiting period, a great deal of money and other complicated prerequisites. However, countless immigrants take their chances and enter into this country illegally every year and the numbers are vastly increasing.

The significant rise of illegal immigrants in America has affected the nation’s economy in numerous ways, but one of the most highly mentioned has been an increase in the crime rate. Therefore, the government has escalated its efforts to identify and remove those who are living in the United States illegally.

Immigration Deportation Laws

Any alien is susceptible to deportation removal from the United States whether they have a green card or not. It’s up to the U.S. Government to make the decision, but the process begins with a Notice to Appear (NTA) sent to the alien. A Master Calendar Hearing takes place before an immigration judge. If the defendant does not appear for the initial Hearing, he or she will be issued an automatic order of removal without any chance of returning to this country in the future.

Voluntary Departure Bonds

If the alien appears at the Master Calendar Hearing as scheduled, he or she may be granted a ‘Voluntary Departure Bond’. This is a bond option that pleases the court because it basically states that you agree to depart the country on your own terms within a certain amount of time, but without the Government’s force. With this type of deportation, the alien may be able to access the United States again in the future if by legal remedies.  However, before someone agrees to terms for Voluntary Departure they need to realize it could be a long time before they are allowed back into the country.

Delivery Bonds

When an alien is arrested by ICE he or she may request to be released on a Delivery Bond (similar to a bail bond). The judge sets a bail amount considering how serious the crime and the then bonded alien is released contingent that he or she will appear as scheduled for their Hearing and other future immigration requirements.  If the bonded alien fails to comply with the ICE requirements, an arrest warrant will be issued for the alien and an immediate demand for their deportation.

Immigration Arrests

Immigration arrests in the United States were among the highest in the nation in 2017.  Being arrested is a traumatic experience for all, but often times with an immigration arrest, the only crime actually committed was being in this country without permission to do so. Nonetheless, if someone does not have sufficient identification to prove they have a legal right to be in the U.S.A, and he or she is discovered by law enforcement or detained by Immigration and Customs Enforcement (ICE), an arrest is made the same as if the person committed any other type of crime.

What is an Immigration Bond?

When someone who is not a citizen is arrested for living in the United States illegally, regardless of how minor the charge, they will need an immigration bond (ICE Form I-352) to be released from jail. An immigration bond is arranged with a local immigration bondsman and very much like a traditional bail bond that serves as a guarantee that the defendant will appear in court as scheduled after their release from jail. However, immigration bonds also involve the Department of Homeland Security.

Cost for an Immigration Bond

Initially, the price for an immigration bond varies from a few thousand to several thousands of dollars. The full amount of the bond is decided upon by ICE. The bond amount increases based on the risk potential that the alien will fail to appear at their Hearing. However, by calling a bondsman the cost will only be a small percentage of the full amount set by ICE, typically between 10 to 15 percent.

Who Can Complete the Paperwork and Pay for an Immigration Bond?

The person who completes the paperwork with U.S. Immigration and Customs Enforcement (aka: ICE) and pays for an immigration bond for someone who has been detained is called an obligor. The obligor can be anyone, family or friend who is 18 years of age or older and must provide a driver’s license (or state ID) and one of the following: a U.S. birth certificate, passport, original Certificate of Citizenship of Naturalization, Lawful Permanent Resident card or a valid Employment Authorization Document. There are no other prerequisites to post an immigration bond for someone.

Posting an Immigration Bond with a Bondsman Vs ICE

When posting an immigration bond directly with ICE, keep in mind that no cash or personal checks are accepted. ICE requires the full amount of the bond and the payment for a bond must be made with a certified check from a bank or money order.

When posting an immigration bond with a bondsman, the cost for the bond is only a small percentage of the full bond amount ordered; the process is much easier and allows more convenient payment options. The obligor may pay for the bond with cash, credit or debit card, personal check, cashier’s check, money order and other online payment options. Speak with your local bondsman for specifics with their agency.

What Happens if the Person Bonded Fails to Comply?

If the bonded alien does not comply with all ICE requirements, he or she will then be classified as a fugitive. A ‘Notice to Obligor to Deliver Alien’ (ICE Form I-340) will be sent to the obligor via certified mail demanding the bonded alien be brought to the ICE Field Office on a specific date at a specific time. If the obligor and alien do not appear to the appointment as commanded, the obligor will not receive a bond refund.

If All Requirements Are Met, is an Immigration Bond Refundable?

Once the bonded alien has either obtained legal status or been deported, the bond requirements will have then been met and the obligor is eligible to receive a refund on the immigration bond money paid. Of course, keep in mind the process on illegal immigration can take more than a year in most cases.  Upon receipt of Form I-391 (Notice Immigration Bond Cancelled), the obligor should send the Notice along with a cover letter requesting a refund, and a completed Form I-305 (Receipt of Immigration Officer).

If the bond was paid in cash directly to ICE, then the money was deposited into the Immigration Deposit Account maintained by the U.S. Treasury Department. Therefore, when ICE issues the bond refund, the obligor should also receive an additional amount of 3 percent per year for interest due. If the person who paid the funds to cover the bond was someone other than the obligor, it is suggested a notarized ICE Form I-312 (equivalent to a Power of Attorney document) also be completed during the initial bonding process. This form will ensure the person who made the payment is refunded the money.

Immigration Bonds issued by a surety bondsman will also be refundable less the Premium and any fees required by the bonding agency.

If an Alien Fears Returning to their Homeland

The United States of America offers asylum (legal residence) for some foreign nationals who were persecuted in their own country and fear returning. Learn more

No one likes to be in trouble alone. Bail Bonds Now is here to serve those who need help with posting an immigration bond for an arrest in the USA. Our licensed bail bond agents are standing by to assist you 24/7, 365 days per year (including holidays). The faster you contact us after an arrest, the more quickly we can get the person released from jail. Call or text Bail Bonds Now at (561)-500-9999.