Immigration Bond Hearing Process & Requirements

Amistad Bail Bonds encounters many questions regarding immigration bonds from our clients nationwide. We understand that it could seem like a complex and confusing matter because, in most cases, the Department of Homeland Security and the Immigration and Customs Enforcement division make little contact initially.

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IMMIGRATION BONDS NATIONWIDE

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As a trusted provider of immigration bonds in the US, we have collected some of the most frequently asked questions regarding immigration bonds. We provide clear and concise answers that help put your mind at ease. For further inquiries and clarification, please call us at (800) 969-3484 any time of the day or night.

What is an immigration bond?

Simply speaking, immigration bonds are funds held by the federal government during court hearings.

Immigration bonds are required when an individual illegally staying in the United States is detained by ICE at a local detention center. These bonds guarantee that the detained individual will attend every court hearing until their case has been settled.

Through an immigration bond, a detained individual can be released from the detention facility until ICE or an immigration judge decides to take further action in the court.

How Does an Immigration Bond Work?

A detained individual must contact a US citizen or permanent resident who is over the age of 18 to serve as the obligor of their immigration bond. The obligor will take responsibility for the bond and fill out all required paperwork by ICE to process the bond release.

Keep in mind that immigration bonds cannot be paid in cash or personal checks. Obligors must present a band certified check or a US postal money order directed to the U.S. Department of Homeland Security.

After the immigration bond and all related paperwork has been processed, the detained individual will finally be released. But they will still need to be present at all hearings that they are called to by the court. Only after the hearings can you get back the bond.

How to Pay for an Immigration Bond

The immigration bond payment process is simpler than most people would assume.

First, a person who is either a US citizen or a permanent resident has to make the bond payment. It must come in the form of a bank-certified check or a US postal money order. It should be made to the U.S. Department of Homeland Security. 

Second, the payor and the detained individual must wait patiently for the bond to be posted. ICE may process bond payments within the same day but this isn’t always guaranteed. As such, it’s always best to visit the facility early in the morning.

Keep in mind that the person posting the immigration bond will be asked to sign a document with ICE. This immigration bond receipt is called Form I-305. This is the same document you will present after the court hearings have concluded, when it’s time to collect the bond money.

Finally, the defendant is advised to update their mailing address with ICE. The immigration court will notify the individual of future court hearings via mail. So, the mailing address must be updated to avoid missing these court hearings. Otherwise, the bond might be forfeited.

Are Immigration Bonds Refundable?

An immigration bond serves as a guarantee that an immigrant will attend all court hearings until the immigration judge comes up with a fair decision. It also serves as a promise that the individual will do whatever the judge orders them to do, even if it includes deportation.

As such, detained individuals should keep in mind that getting out of detention through an immigration bond doesn’t mark the end of their case. All court dates still require attendance. 

Even missing one court hearing could lead to deportation without the chance to provide evidence or request permission to stay in the US. This also means surrendering the bond money.

ICE will give back the immigration bond after the detained individual’s court hearings are over and the judge makes their decision without any mishaps along the way.

Here’s a summary of how you can get back the bond money:

  • Wait for ICE to send you Form I-391, the official notice of immigration bond cancellation, after the court proceedings have concluded and the detained individual met the conditions of the bond.
  • ICE may send Form I-391 to your old mailing address so make sure the address is updated.
  • Send your Form I-391 and Form I-305 to the local Debt Management Center. If possible, include Form I-352, also known as your bond contract’s original copy, in your mailing.
  • If you can’t find Form I-305, print out and accomplish Form I-395 which serves as an affidavit. It must be signed in the presence of a notary public. Then, mail it together with Forms I-391 and I-352.

Contact us today for further clarifications.

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Amistad Bail Bonds, based out of Raleigh, NC, is a leading bail bond provider for the Triangle area. We offer residents in the entire state of North Carolina with fast and considerate bail bond service. Amistad Bail Bonds is
also in the process in expanding their bail services to South Carolina and Virginia.

Amistad Bail Bonds, based out of Raleigh, NC, is a leading bail bond provider for the Triangle area. We offer residents in the entire state of North Carolina with fast and considerate bail bond service. Amistad Bail Bonds is
also in the process in expanding their bail services to South Carolina and Virginia.

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