What to Expect in Arizona Immigration Bond Hearings

As of September 2022, the Immigration and Customs Enforcement (ICE) is holding 25,134 immigrants in detention. These people are facing the possibility of deportation after being detained for different reasons.

An immigration bond is a silver lining for ICE detainees in Arizona. This type of bail allows those detained by ICE to temporarily get out of detention and tackle their immigration case at their own place.

But before a court can grant one a bond, they must go through a bond hearing.

What is a Bond Hearing?

If the ICE detained your loved one, getting them out should be your first priority. This means applying for an immigration bond and going through a bond hearing.

A bond hearing is the process of determining whether or not a detainee is eligible for an immigration bond. The immigration judge will also set the bond amount during this hearing. 

Immigration Bond Hearing in Arizona

The specifics of bond hearings for ICE detainees in different states may vary based on that state’s laws. In Arizona, an immigration judge will determine a detainee’s eligibility for an immigration bond. 

A detainee may be eligible for an immigration bond if they are not a flight risk. This is the primary consideration to ensure they attend their Master Calendar hearing and future court proceedings. The judge will determine whether someone is a flight risk based on the following:

  •         If they have family ties in the U.S.
  •         If they own or rent their home
  •         If they are employed
  •         If they qualify for relief removal

Family members of the detainee may be invited to attend the bond hearing to prove they are not a flight risk, provided that the relatives are U.S. citizens or lawful permanent residents.

Apart from these, the immigration judge will also deem a detainee’s eligibility for an immigration bond by ensuring they are not a danger to the country’s safety and security. This process will involve assessing the detainee’s criminal history and whether they have complied with the court.

After the Bond Hearing

If the immigration judge deems a detainee eligible and grants them a bond, they will receive a written order indicating their bail’s cost. The judge will also reschedule their Master Calendar hearing within the next 30 days. They can pay for the bond and be released from ICE detention in that time frame.

If you are a relative of a detained family member, you should expect them to be released immediately from custody once you post the bond.

Then, the Department of Homeland Security (DHS) attorney assigned to their case may file a Motion to Change Venue, so the Master Calendar hearing takes place in a court nearest where your previously detained family member lives.

You’ll receive a notice in the mail with the date, location, and time for the next hearing.

Post Bail with Help from a Bail Bondsman

If there’s a possibility of you or your family member getting detained, working with an immigration attorney can help your situation.

If you or your family member get detained, working with an immigration attorney can help your situation.

At Amistad Bail and Immigration Bonds, we offer immigration bond services in Arizona. Our immigration bail bondsmen will help your loved one post bail, so you two can reunite and handle their case more comfortably. Get in touch with us for a free consultation.

Immigration Bonds in Louisiana: What You Need to Know

Louisiana is one of the 22 states with bail provisions that have been amended for preventive detention. This means that there have been amendments added to the constitutional provisions detailing specific circumstances and categories of offenses that make a defendant ineligible for bail.

Article I, Section 18 of the Louisiana constitution states that a person is entitled to bail except when:

  • They are charged with a capital offense with evident proof and significant presumption of guilt
  • They are charged with a crime of violence or possession and distribution of controlled dangerous substances, with evident proof, and the judge or magistrate deems that they are a flight risk or pose an imminent danger to other people

What does this mean for immigrants detained by the Immigration and Customs Enforcement (ICE) in Louisiana? If you have a loved one who is an ICE detainee, they will have to undergo an immigration bond hearing to determine their eligibility.

If they are not detained because of a capital offense, and if they are not a flight risk nor pose a danger to the community, there is a high possibility of getting them out of detention temporarily through bail.

Bail Options in Louisiana

There are two types of immigration bonds in Louisiana: delivery bonds and voluntary departure bonds. Those who qualify for any of these have several options to pay the bail amount:

1. Personal Recognizance

During the immigration bond hearing, non-violent detainees may ask the court to consider their temporary release without bond security.

2. Cash Bond

The most straightforward option, posting a cash bond, means the detainee, a relative, or another co-signer pays the bail set by the court.

3. Commercial Surety Bond

An option for defendants without money readily available, a commercial surety bond is bail money that a bail bond company posts for the defendant with a guaranteed premium or collateral.

4. Property Bond

Another option for defendants or their co-signer. A property bond is when you put up a piece of your property to cover the entire bail amount.

How to Pay Immigration Bond

If your loved one opts for a cash bond, you can post the bail amount to the Department of Homeland Security. Cash or personal check payment is not a valid form of payment. Instead, you would need to get a cashier’s check made out to the DHS.

If your party instead opts to get the services of a bail bonds company, your bail bond agent will take care of posting the bail for the defendant. Before they can do so, the defendant or you, as a co-signer, must complete some paperwork, including signing off collateral.

Once bail is posted, you can expect your loved one to be released within the day. They must attend all their required court appearances; otherwise, their temporary release will be forfeited, the bail agent cannot get their bail money back from court, and you will still need to pay them.

Work with a Compassionate Bail Bond Company

Amistad Bail and Immigration Bonds is a bail bond company providing convenient immigration bond services. We offer flexible payment options so you can ensure the release of your loved one as soon as possible.

Contact us for a free consultation today.

How Long Can You Be Held Without a Bond Hearing?

A bond refers to a guarantee or a promise you give in court. It entails that you understand your immigration case isn’t over and promise to fulfill all legal responsibilities after you or your loved one is released. This includes participation in all court hearings and following orders from the judge.

Still, some factors can prolong the processing period to six months before you can officially pay an immigration bond. To understand the bond hearing process in detail, read on as we elaborate more on what you need to know about the bond hearing process and its duration.

Before the Bond Hearing

Before you get your immigration bond hearing date, you must prove to authorities that you are not a danger to the community or a flight threat. However, it might be more difficult to ask for a bond hearing if you have a prior criminal record. On the other hand, it will be easier to get your bond hearing date if your record is clean. 

How to Get a Bond Hearing Faster?

There are two ways to get an immigration bond hearing faster.

  • Deliver an in-person request. You can ask for a bond hearing on your first hearing. Usually, the judge has to grant you a hearing in the upcoming days or weeks. If you have the chance to get an attorney to do it for you, the process will be far smoother.
  • Send a written request. The second way is to write a letter to the judge to grant you the bond hearing. Organize the letter content neatly and include your full name and an eligible A-number. In the letter, explain that you prefer to get a faster bond hearing. If the judge grants your request, prepare supporting arguments and documation that clear you as a danger to society or a flight risk.

The Supporting Documents 

When applying for a sooner bond hearing, you will need a “Sponsor Letter” from someone who can vouch you’re neither a danger to society nor a flight risk. 

Regarding the sponsor requirements, the chosen individual must clearly state how they know you or how they are related to you. The person vouching for you must have a green card or proof of permanent residency. They must also suggest a living address for the detainee, with a street address and a mailbox. Finally, the chosen person must explicitly express how they will support you.

Additional Supporting Documents

The sponsor letter alone is not enough to vouch for your credibility. To increase the chances of getting a bond hearing faster, you can bring any valid document proving you are not a threat to society or a flight risk. Such documents include:

  • Tax documents proving you are a responsible and paying individual;
  • Volunteering certificates or other communal involvement paperwork;
  • Supporting letters from legal and permanent residents;
  • Diplomas or other educational certificates.

Once you complete all the paperwork, ensure you bring it to the hearing. 

Can Everyone Pay an Immigration Bond?

No. Only a legal and permanent US resident who reads and speaks English can pay the immigration bond. They must fully comprehend the bond contract before compensating it. This person must be someone you trust because they will apply to get the bond back once the case is over. 

The required documents the bond payer needs to carry to complete the payment are a valid ID card and a security number.

Hire NC Bail Bondsmen to Manage Your Immigration Bond

If you need assistance to pay an immigration bond – turn to a trusted professional! 

At Amistad Bail and Immigration Bonds, we offer a tailored service to help you post bail smoothly and efficiently. Our bondsmen provide immigration bond services in North Carolina, Louisiana, Texas, and Arizona. 

Get in touch with one of our bail bondsmen today to complete the process faster! 

Finding an Immigration Bond Lawyer: What to Know

In the US, immigrants comprise 13.7 percent of the population. If you or your loved one isn’t familiar with the many rules and regulations, ICE (Immigration and Customs Enforcement) may detain them for a violation. If this happens, it would be prudent to seek legal assistance in managing their immigration hearing case efficiently.

Finding a lawyer specializing in immigration bonds is paramount yet challenging. Here is a detailed guide to help you find the best immigration bond lawyer to manage your immigration bond hearing.

What is an Immigration Bond?

In essence, an immigration bond represents an amount of money paid to the US Government to guarantee a person’s presence during an immigration bond hearing.

Once a deposit has been paid, the detainee will be released and obliged to appear in subsequent court hearings. For the payer to get their bond money back following the court appointments, the detainee should abide by all imposed regulations. They should also make a physical appearance at every court appointment.

If the detainee fails to appear at the hearings or fulfill the given requirements, the bond money will be lost and remain with the US Government.

Who is Eligible for an Immigration Bond?

Everyone with immigrant status in the US can be detained by ICE — if they have broken the law. If an immigrant is detained, they might be eligible for a bond if they reassure the court system they do not pose a danger to the community and will not leave the country.

However, if a detainee has a history of criminal activities, they will not be considered for a bond and might even end up deported. Moreover, there have been cases where ICE has declined to issue an immigrant bond if they find the detainee is uncooperative.

Why Do You Need an Immigration Bond Lawyer?

When ICE arrests a non-US citizen for breaking immigration laws, a bond lawyer can help manage their case. An immigration bond lawyer can file a motion to the Immigration Court and schedule a hearing for their client. The hearing will discuss the immigrant’s eligibility for a bond.

An immigration bond lawyer can help determine the type of bond that is processed. Typically, delivery bonds are the most common type of bonds for related cases. Immigration bond lawyers greatly help clients since they handle everything related to the case. This includes contacting court representatives, gathering paperwork, and issuing statements on your behalf.

Paperwork Submission and Dealing with Legalities

Experienced immigration bond attorneys will know which paperwork to fill out and where to turn it in. They will also provide further legal assistance with bond hearing issues.

Many candidates risk failing to meet deadlines, missing out on court hearings, and more when they lack professional legal representation in immigration bond matters.

The bottom line is that you only get one shot at requesting a bond. So, if you do not have a lawyer to represent you legally in court, you might not be able to carry out the motion yourself or be granted the bond.

To ensure you have the right pick, seek a lawyer specializing in immigration laws rather than settling for a general lawyer. Another factor of quality to consider is their experience and knowledge in managing similar cases to yours.

Find a Trusted Immigration Bail Bondsman in NC

After the judge sets an immigration bail bond amount, you will need a bondsman to help you process the bail. With over 13 years of professional experience in the bail bond industry, Amistad Bail and Immigration Bonds has put collective professional knowledge to good use.

Our professionals help US immigrants reunite with their families. We will help you manage documents and process your loved one’s bail on your behalf.

Reach out to our team to request a free consultation with one of our trusted bondsmen!

How to Get Your Immigration Bond Money Back

North Carolina is one of the US states with many offering for bail bonds for immigration. In 2017, there were 143,470 arrests of immigrants illegally trespassing the state, and 92% of them had a criminal record.

However, among those arrests, there were immigrants with clean records, who deserve to know more about their rights concerning immigration bond breaches. The text below covers the main issues regarding bonds, refunds, and other relevant information.

About Bail Bonds

When US authorities arrest an immigrant and they have a clean record, they stand a high chance of getting a bail bond and getting released before trial. Authorities inform the person who pays the bond that they’re eligible for an immigration bond refund after closing the case.

These bonds can estimate $1,500+, typically covered by relatives of the immigrant. There are many bail bonds providers in North Carolina to consult in case you need related professional help.  

Bail Bondsmen for Immigration

If the immigrant’s family struggles to get the funds to pay for the bail, they can seek assistance from reputable bail bonds companies or a bondsman. Rather than having to pay the whole amount of the money themselves, employing a bail bondsman allows one to get the bond posted at a much lower cost. 

Please note that a cosigner will be required by the bail bonds business to guarantee that the entire amount of the bond will be paid if the defendant forfeits the bond or skips court.

What Happens After Closing the Case?

What Happens After Closing the Case

After the case is closed, the subject can leave the court free, but also show up at the court’s request for any subject related to the closing case. As for the person who paid the bail, after the case wraps up, they will be fully entitled to an immigration bail refund, except for some fees the court retains. If the immigrant continues to misuse their privilege for criminal activities, the bail can be forfeited all around.

Bail Releases and Refunds

The outcome of your criminal case has no influence on your ability to get bond bail. If the entire bond amount was paid to the courts in cash or property, the bail money will be repaid following the trial completion.

Bail Bond Forfeiture

In most cases, the offender must appear in court after being released on bail. Not appearing on the said dates can jeopardize the refund entitlement and result in a forfeited immigrant bond notice. However, if the offender missed court due to circumstances beyond their control, like falling ill, they must provide medical proof to the judge. In these situations, the judge might allow refunds regardless. 

Refunds and Bail Bondsman Companies

If the cosigner cannot fully repay the bail to a bail bondsman company, they can request to pay the bail premium only, whereas the rest will be compensated through a payment plan.

However, cosigners who used a bail bonds company will not get the refund after the court closes the case. Instead, all money will return to the bail bonds company, as they supplied the needed funds for the bail. For that reason, it’s essential to find a reputable bail bonds company you can trust.

Bail Bonds for Immigration: Find Your North Carolina Bail Bondsman

Bail bonds for immigration can be a curse and a blessing. They can buy out your or a loved one’s freedom but finding a perfect legal representative is a must, given the amount of legal paperwork involved.  

A bondsman can help you out with preparing the case for immigration bail bonds. And, at Amistad Bail and Immigration Bonds, we specialize in dealing with all-things bail bonds and immigration. 

With countless user testimonials under our belt, our company delivers a top-tier service – including on Sundays – and helps your case get legally resolved and in your favor. Schedule a meeting with Amistad Bail and Immigration Bonds today to learn more about our professional offer and services! 

Fundamental Notes: The Immigration Bond Hearing Process

North Carolina witnesses the arrival of many immigrants. For that reason, the NC police constantly creates new immigrant bills, trying to control the situation inside and outside the jail.

However, not all immigrants have criminal records for which they’re entitled to bail. Many bail bondsman companies in North Carolina are trying to help families reunite with loved ones caught up in the immigration bond hearing process. 

Read on as we cover the essentials of how an immigration bond hearing works and the steps throughout the process. 

 

Is Everyone Eligible for a Bail Bond?

Non-American citizens with criminal records or prior bails might pose a threat to society, given their criminal habits. In those circumstances, the person arrested, or an immigrant must stay in surveilled custody without bail, until the trial.

Other non-American citizens, with no criminal records, stand a high chance to get bail. However, they must afford the bail, which can be quite costly, depending on the case. 

 

How do Bail Bonds Vary in Amounts?

Currently, the minimum bail bond sum is $1,500. However, that doesn’t mean that your relative’s bail will be minimal. Other factors influence the bail sum, such as the amount of time spent in the US, close relatives in the States, employment history, criminal records, or other prior immigration violations. 

 

What If the Bail is Too High?

There’s always a high chance to receive high bail bonds – don’t be surprised by the sum. Still, there are two legal steps you can take before you collect money.

Wooden gravel with money

  • Make a request – if your relative cannot afford the bail, then they can make an oral or written request to the Immigration Judge to lower the bail. The IJ can call you to the office, and have a bond hearing with the relative.
  • Motion for bond redetermination – the second option is ‘Motion for Bond Redermination’. Here you have to reframe the main factors warranting a bond decrease. To sound more plausible, you can attach hard evidence, like a steady job, a document of clear record, and so on. 

 

Is It Possible for the Judge Not to Change the Bond?

After filing your motion, the judge must make a final bond determination. If everything is clear, the judge may lower the bond. But there are a few cases when that is not the case. For example, suppose one of the factors considered by the IJ in determining bond was a pending criminal issue that has subsequently been settled in favor of the imprisoned family member. In that case, you might request the amount to be reduced based on the changing circumstances.

 

Relevant Documents for Bailing a Relative

When you go to bail out your friend or relative, you will need a social security card and a copy of the documents to prove you are legal. Also, you need the detainee’s name, date of birth, and alien registration number. The bond may only be paid using a cashier’s check, payable to the Department of Homeland Security.

 

Who Can Pay the Immigration Bond?

Any citizen of the US, with a green card residing on American soil, who can afford the bail can pay the bond. Usually, that’s a friend or a relative. 

In case the family cannot collect the money, they have the option to hire a bail bondsman. A bail bondsman is an agent working under a legal corporation, authorized to pledge bail money for the defendant in court.

 

Find Bail Bondsman for Immigration Bond Hearing Process in NC

The immigration bond hearing process in NC is a stressful experience that requires legal supervision, especially as a first-timer. 

Amistad Bail and Immigration Bonds is the provider to turn to in times of need. We provide the best legal support and assistance for immigrants facing injustice and ensure your immigration bond hearing covers all basis required for release.  

Reach out to our customer support team via phone or email and book a consultation with our professionals!

What Happens after an Immigration Bond Is Posted?

An immigration bond is a guarantee to the US government that the subject in question will attend all hearings and will respect the judge’s orders until the entire immigration process is finished. Usually, you’ll be scheduled an immigration bond hearing process within a week or two or even longer depending on the court’s schedule. 

Instead of being held in immigration custody after ICE detainment, there is a regulated process for release. Learn what to expect in an immigration bond hearing and how a bondsman in NC can assist you throughout the process.

 

Handling the Immigration Bond Process

A bondsman in NC, like in any state, offers financial support and service to clients who should be released from the US Immigration and Customs Enforcement (ICE) custody while the immigration trial is ongoing. There are four types of bonds available: delivery bond, public safety bond, voluntary departure bond, and order or safety bond. An ICE agent is the one who sets the bond amount, or sometimes, the detainee can request a bond hearing held before an Immigration Judge (IJ).

 

Eligible Criteria for Being Released

Before the bailout amount is set, ICE agents or the IJ determine if the detainee is eligible for bond. In case you have no criminal record, such as human or drug traffic or money laundering, expect to be released at one point.

Other factors considered before the potential release are:

  • Employment history
  • Family ties
  • The possible impact of detention versus participation in community service

Bond Payment

If you’re eligible for a bond, the IJ will define the release amount at the bond hearing. Ensure that you have all the documents needed, including a letter from the sponsor and a description of how you and the sponsor know each other. Once the payout amount is determined, your sponsor should pay the money to the Department of Homeland Security (DHS), and as soon as the payment is completed, you will be released.

Be aware that the amount may vary, and in some cases, it can be quite high. Fortunately, you can ask for a cost reduction once you know the total amount. 

 

What Happens Once the Immigration Bond Is Posted?

A Woman Reading Documents While Sitting at the Desk in the Office

Once the bond is paid and posted, you get to return home. However, this also marks the beginning of the immigration hearing process, so you won’t be released for good until a final decision on your case is made. And with the bond posted, you become obliged to the respective bond rules. 

Namely, you must attend all hearings and check-ins with ICE as required. You can expect the first hearing to take place 10 to 28 days after your release from detention. 

To be notified promptly, ensure that the court has the correct mailing address. You can also choose to have your case assigned to the court nearest your home address, so you can send a request to make this happen. 

If you miss a hearing – even a single one – know that you can be easily detained, deported, or ineligible for reentering the US for at least five years. In case the immigration process is canceled, the sponsor can initiate a process for refunding the bond.

 

US Immigration Bail Bondsman in NC, SC, and Nationwide

Familiarizing yourself with your rights and the entire immigration court process hearing is crucial. Asking for professional assistance and guidance is vital to prevent you from being unnecessarily detained and experiencing delays in your case.

Our Amistad Bail and Immigration Bonds agents offer complete assistance at every step of your bond hearing and ensure that you are entirely on track with the process and the ICE’s demands. Read all details about our top bondsman in NC service and give us a call to schedule a consultation. 

Immigration Bond How-to: Payments and Refunds

An immigration bond is a financial guarantee to the US government that the detainee will continue the immigration process out of detention. If arrested, they will have a right to be released from immigration custody if the subject meets specific requirements and can pay an immigration bond.

In 2020, the US Immigration and Customs Enforcement (ICE) issued 122,233 detainment orders. About half had a criminal history and less than half, or 43% of them had bond hearings and were granted bond.

Read what a bail bondsman in NC can do for you to get out of custody and be with your family as you navigate your legal obligations.

How to Obtain an Immigration Bond?

ICE agents or the Immigration Judge (IJ) determine if the arrested immigrant is eligible for bond or not. If you don’t have a criminal record, have family and/or relatives who might suffer due to your detainment, and you contribute to society, you are eligible for an immigration bond. 

If that is the case, the bond amount will be set. There are many cases where immigrants are deemed eligible for release, but the price that they have to pay is too high. If your bond amount is unaffordable, you can request an immigration bond hearing and ask the judge to reconsider and reduce the cost of the bond.

Immigration Bond Payment

A Couple Talking to a Lawyer

Once the amount is determined, the next step is to pay for it. A sponsor is a person who can pay the immigration bond on your behalf and complete the paperwork with the ICE agent – while you are still in custody. This is known as “posting a bond.”

A sponsor or bond obligor can be a person over 18 years and hold legal status. Your sponsor can identify themselves and prove their status with valid documentation at the closest ICE ERO, ensuring that the office accepts the bond payment. They will also be asked for their preferred way to pay.

The Payment Method

Usually, the preferred payment method is a certified check from the bank or money order in the amount of the bond made out to the Department of Homeland Security (DHS). Cash and personal checks are not accepted. When posting a bond, the sponsor will get an ICE Immigration Bond form (I-352). It is necessary to keep the receipt for the bond refund after.

Once the bond is posted at the ICE ERO Field Office, the office communicates with the detention center within a couple of hours. If the sponsor posts the bond in the morning, you can be released the same day. Keep in mind that you are obliged by the bond rules in place to attend every hearing and checks-in with ICE as required.

 

Immigration Bond Refund: How Realistic Is It?

Being released actually means that the immigration hearing process has begun. It can take more than a year before the final decision is made, hopefully with obtaining legal status. In both positive and negative outcomes, bond refunds are possible.

ICE initiates the process of bond cancelation and sends the Notice Immigration Bond Canceled Form to DHS and the sponsor at their home address. If the sponsor changes their address during the immigration process, they should inform ICE by using the Obligor Change Address Form (I-333) and ensure a notice of delivery to the correct address.

In practice, the sponsor contacts ICE Field Office to initiate the process and get the Notice Form earlier. The sponsor should send to the DHS a Request for a refund with the received Notice Form, Receipt, and Cover letter.

The bond refund process takes some time, depending on whether the sponsor is in connection with the family or the detained individual or not. The sponsor can also authorize another person to receive the refund.

If the bonded individual misses any immigration court hearing or an ICE ERO appointment, the sponsor will not receive a bond refund.

 

You are Not Alone. We can Help.

If you still feel uncertain about the whole process of how to pay immigration bond,  experienced agents at Amistad Bail and Immigration Bonds will know the answers to your questions. 

Our agents will help you go through the process as smoothly as possible. Reach out to us today to get the support you need.

What Happens after an Immigration Bond Is Posted?

An immigration bond is a guarantee to the US government that the subject in question will attend all hearings and will respect the judge’s orders until the entire immigration process is finished. Usually, you’ll be scheduled an immigration bond hearing process within a week or two or even longer depending on the court’s schedule. 

Instead of being held in immigration custody after ICE detainment, there is a regulated process for release. Learn what to expect in an immigration bond hearing and how a bondsman in NC can assist you throughout the process.

Handling the Immigration Bond Process

A bondsman in NC, like in any state, offers financial support and service to clients who should be released from the US Immigration and Customs Enforcement (ICE) custody while the immigration trial is ongoing. There are four types of bonds available: delivery bond, public safety bond, voluntary departure bond, and order or safety bond. An ICE agent is the one who sets the bond amount, or sometimes, the detainee can request a bond hearing held before an Immigration Judge (IJ).

 

Eligible Criteria for Being Released

Before the bailout amount is set, ICE agents or the IJ determine if the detainee is eligible for bond. In case you have no criminal record, such as human or drug traffic or money laundering, expect to be released at one point.

Other factors considered before the potential release are:

  • Employment history
  • Family ties
  • The possible impact of detention versus participation in community service

 

Bond Payment

If you’re eligible for a bond, the IJ will define the release amount at the bond hearing. Ensure that you have all the documents needed, including a letter from the sponsor and a description of how you and the sponsor know each other. Once the payout amount is determined, your sponsor should pay the money to the Department of Homeland Security (DHS), and as soon as the payment is completed, you will be released.

Be aware that the amount may vary, and in some cases, it can be quite high. Fortunately, you can ask for a cost reduction once you know the total amount. 

 

What Happens Once the Immigration Bond Is Posted?

Judge Signing on the Papers

Once the bond is paid and posted, you get to return home. However, this also marks the beginning of the immigration hearing process, so you won’t be released for good until a final decision on your case is made. And with the bond posted, you become obliged to the respective bond rules. 

 

Namely, you must attend all hearings and check-ins with ICE as required. You can expect the first hearing to take place 10 to 28 days after your release from detention. 

 

To be notified promptly, ensure that the court has the correct mailing address. You can also choose to have your case assigned to the court nearest your home address, so you can send a request to make this happen. 

 

If you miss a hearing – even a single one – know that you can be easily detained, deported, or ineligible for reentering the US for at least five years. In case the immigration process is canceled, the sponsor can initiate a process for refunding the bond.

 

US Immigration Bail Bondsman in NC, SC, and Nationwide

Familiarizing yourself with your rights and the entire immigration court process hearing is crucial. Asking for professional assistance and guidance is vital to prevent you from being unnecessarily detained and experiencing delays in your case.

 

Our Amistad Bail and Immigration Bonds agents offer complete assistance at every step of your bond hearing and ensure that you are entirely on track with the process and the ICE’s demands. Read all details about our top bondsman in NC service and give us a call to schedule a consultation. 

The Process of Getting Your Immigration Bond Back

According to latest data from the Immigration and Customs Enforcement (ICE), there were nearly 250,000 immigrants detained across 200 jails in the U.S. in the Fiscal Year (FY) 2021. Once detained, eligible immigrants may be temporarily released through an immigration bond.

What is an immigration bond?

An immigration bail bond is a payment that allows an ICE detainee to be temporarily released as long as they show up for all court-mandated appearances (delivery bond) or depart the country permanently at their own expense (voluntary departure bond).

The person who posts the bond money is known as the obligor and must be a U.S. citizen or a person with legal status in the country. Usually, a friend or a family member posts the bond, but the detainee may also use the services of a bail bondsman.

If you posted bail on behalf of your immigrant friend or family member, you would become the obligor. As long as the person you helped meets the bond conditions, which usually includes showing up for all court proceedings, you can get the bond money back.

Upon posting the bond, ICE will provide you with several forms and the receipt of your payment. As an obligor, you must safeguard these documents as the refund process requires them.

How to Get an Immigration Bond Refund

While obligors are entitled to the return of the immigration bond they posted, it will not be returned automatically. This is why you must take proactive steps and keep up with the proceedings, which could take months or years.

Suppose you posted a voluntary departure bond, which requires the bonded individual to leave the country voluntarily. In that case, ICE needs to receive proof that they have returned to their home country from the U.S. consulate or embassy there.

For those out on a delivery bond, ICE will send a notice of immigration bond cancellation to your address once the court proceedings have concluded and the bonded individual has met all the conditions of their temporary release.

Keep in mind that ICE will send the notice to the address you originally used when posting. If you moved between the time you posted the bond and the conclusion of proceedings, you must have it forwarded to your current address.

To receive a refund, you need to present or send the following documents to the Department of Homeland Security’s Debt Management Center:

  •         Form I-391
  •         Form I-305 or Form I-395
  •         Form I-352 if available.

The first document, Form I-391, is the notice of immigration bond cancelation that ICE will send to your address. Meanwhile, Form I-305 is your receipt for posting the immigration bond.

If you lose the original receipt, you can print and complete Form I-395, also known as an Affidavit in Lieu of Lost Receipt of United States ICE for Collateral Accepted as Security.

Finally, Form I-352 is the original copy of the bond contract. Though not required, sending this with the other documents is ideal when you mail the necessary documents to the Debt Management Center.

Once accomplished, the Debt Management Center will refund you for the original amount of the bond. In addition, if the bond has accrued any interest during the proceedings, the amount will also be added to your total refund.

You can expect the refund a few months after the conclusion of the court proceedings.

people walking on an elevated bridge

What happens if the bond terms are not met?

If the bonded individual fails to meet the conditions of the bond, they will be considered a fugitive by ICE.

This can happen if they don’t appear at immigration court hearings or ICE check-ins (for those out on delivery bond) or if they fail to leave the U.S. (for those granted a voluntary departure bond).

When these situations occur, an obligor will receive ICE Form I-340 or Notice to Obligor to Deliver Alien. This notice lets you know that you should present the bonded immigrant to ICE at a specific date and time.

If you fail to do so, you will receive ICE Form I-323 or Notice of Immigration Bond Breached. The same thing will happen if the individual doesn’t complete the removal proceedings, has self-deported, or doesn’t report to the U.S. embassy upon returning to their home country.

ICE Form I-323 means you will not receive an immigration bond refund.

Work with Amistad Bail and Immigration Bonds

As illustrated above, it can be tricky to post a bond for someone else. This is why many use the services of a bail bond company like Amistad Bail and Immigration Bonds. We provide immigration bond support for ICE detainees in North Carolina, helping families and friends settle legal immigration matters quickly.

Schedule a free consultation with a bail bondsman in NC today.