Removal proceedings for detained immigrants can take years to complete. If your loved one has been detained, they are likely being kept in a cold, unhygienic, and overcrowded facility. You can help them by posting their bond, allowing them to be released and confer with a lawyer more easily.
However, they first need to be deemed eligible for release on bond in a hearing. Learn how to get favorable results in your loved one’s immigration bond hearing by reading on.
The Immigration Bond Hearing Process
If your loved one has been detained and placed in removal proceedings, they may request an immigration bond hearing. The immigration court allows them to prove that they are entitled to be released on bond during the hearing.
If they are deemed eligible, a bond amount is set. Paying it allows your loved one to go free with the understanding that they will attend their immigration hearings. The one that paid, known as an obligor, will get their money back once the proceedings are done as long as your loved one follows the conditions of their bond.
Disqualifications for an Immigration Bond
Not all detainees are qualified to request for release on bond. Your loved one may be disqualified if they:
- Entered the U.S. illegally.
- Stayed in the U.S. illegally and did not gain lawful resident status.
- Committed acts that are considered to be terrorist activities.
- Committed a crime that is penalized with imprisonment or mandatory detention.
- Have a criminal history involving moral turpitude, aggravated felonies, espionage, or drug and firearm-related crimes.
Exceptions to Disqualification
Your loved one may still qualify to request for release on bond if they committed a crime if:
- The conviction is for a drug crime that involves possession of less than 30 grams of marijuana.
- The conviction is for a petty offense they committed when they were a minor at least five years before being detained.
- The criminal conviction carries a penalty of less than 1 year of imprisonment.
Winning Your Immigration Bond Hearing
Hiring an immigration lawyer is your best bet for getting favorable results. They’ll be able to prepare a well-written motion for a bond hearing and represent you in court.
As part of immigration bond hearing requirements, your loved one must provide evidence to convince the immigration judge that they are neither a danger to the community nor a flight risk. You must prepare several documents to prove this. If you have an immigration lawyer, they’ll be able to help you with this.
Record of Past Convictions
If your loved one has been convicted of crimes in the past, they must provide copies of judgments or certifications from the court that convicted them.
This will show that they weren’t convicted of crimes that would disqualify them for release on bond and that they have served their sentence. It also indicates that your loved one has made an effort to be a law-abiding citizen and is not a danger to the community.
Proof of Residence in a Community
Your loved one must prove that they have a sponsor of lawful status in the U.S., usually a family member. The sponsor must provide identification or utility bills that contain their address. They must also prove their U.S. citizenship with a birth certificate copy, marriage certificate, or U.S. passport.
Proof of Community Involvement
Proof that your loved one belongs to a community group such as a church, owns property within the community, or has lived in their present address for a long time shows that they aren’t a flight risk. These include documents that show they are paying a mortgage or own a house.
Work History Documents
Your loved one may present a curriculum vitae that records their work experience, letters of recommendation, an offer of employment from an employer, or employment certificates. These will show the immigration court that they have ample reason to stay and attempt to obtain legal status within the U.S.
Proof of Education or Rehabilitation
Your loved one should provide documents showing that they finished education or vocational programs during detention or attended a rehabilitation program. These are proof that they aren’t a flight risk.
Reunite with Your Loved One
After getting a favorable outcome from your immigration bond hearing, you’ll need to post the bond. However, the process can be confusing and time-consuming. Let one of Amistad Bail and Immigration Bonds highly experienced bail bondsmen in North Carolina process your loved one’s bond payment for you.
Schedule a free consultation by filling out our online form.