To be released from prison in the United States, some foreigners need immigration bail bonds. It is a guarantee given to the government that after being out of prison, the processed immigrant will attend the hearings in the Immigration Court.
If you or a family member needs to be released on bail, Lluis Law immigration attorneys can help you with anything you need. We are lawyers specialized in immigration bonds with more than 50 years of service in the Los Angeles area.
The payment of immigration bail bonds is a procedure that is carried out “separately” from the legal deportation procedure. This legal instrument, as well as immigration appeals and I-601 Waiver applications , are valuable resources to help the immigrant.
What are immigration bail bonds?
The bond represents a certain amount of money that must be paid by the detainee, by another person or company and is kept in custody. This resource is commonly used by persons detained under orders of the United States Customs Immigration and Control Service (ICE).
In this way, it is possible to get the immigrant out of jail while waiting for his hearing and / or court appearance. It is also a resource used by permanent residence card holders in some cases.
The money paid on the deposit is refundable to its owner, provided that the conditions described in the bond are met.
Learn how to act if ICE agents show up at your door.
Where should I pay the immigration bond?
Immigration bonds in California must be paid directly at the ICE (ERO Field Office) offices . These local offices that operate in most cities of the country, are responsible for processing these payments.
The bail money is entered by the immigration agency into a fund maintained by the Treasury Department. This fund is called the Immigration Bond Deposit Account, or the “Immigration Bond Deposit Account”.
How much should I pay for immigration bail bonds?
After the arrest, the bail amount is set by the ICE or by an immigration judge. This amount will be based on a “risk assessment and rating”, in which they determine two basic elements:
1. The risk to public safety.
2. The risk of leakage by the person processed.
Although other factors such as the seriousness of the accusation against the immigrant are also taken into account to determine the amount of the bond. Equally, criminal record, immigration status and whether or not you have family members in the US are important.
The cost of the bond must be paid in full by the beneficiary for the judge to grant the measure. Data from the Executive Office of Immigration Review, indicate that in 2019 the average amount of immigration bonds was $ 8,000.
If the person does not have the financial means to cover the entire bail, he has the possibility to ask the immigration judge to review the amount of the bail and lower it.
Types of immigration bonds
There are four types of immigration bonds:
They allow the immigrant to be released for the duration of the deportation process. In case the foreigner was going to miss any of the appointments in the immigration court. This type of bond has a cost ranging from $ 1,500 to $ 10,000 and more.
Voluntary Departure Bond
They serve to allow the immigrant to be released while making arrangements to leave the United States in a certain period. The foreigner must bear all the expenses of leaving the country. If you do not comply with the bail terms then you lose the bail money. Its cost is $ 500 minimum.
Public Safety Bond
It is a type of bond that guarantees that the immigrant will not become a public charge. If the foreigner accepts any form of public assistance, the money will not be refunded.
Order of Supervision Bond
Through this bond the government is guaranteed that the foreigner will comply with all the conditions of the supervision order and will be delivered for removal.
How to pay an immigration bond?
The bail can be paid by a relative or friend of the detained immigrant, although it is also possible to use an agency authorized by ICE. These agencies usually charge between 15 and 20% of the total bail as commission.
Payment can be made with cash and even US Treasury bonds, check or any other payment method. However, it is recommended that the debtor first calls the ICE office that processes these payments (ERO Field Office) to ask their preference.
To make the payment effective, an appointment must be made with the local ICE office. The agreed day and time should be attended only by the person who will make the respective one. It can be your immigration lawyer or any other person who has legal status in the USA.
That person must carry a valid ID (driver’s license for example), the US passport or Green Card. Also carry the original card containing the Social Security Number, since copies are not allowed.
After paying bail, an ICE officer provides the debtor with a Form I-352 (Immigration bail bond), and Form ICE I-305 (Receipt of Immigration Officer). Both documents must be signed and returned.
It is very important to keep a copy of the two documents, because they will be used to recover the amount of the deposit at the end of the process.
What happens after paying the deposit?
The debtor (person who pays the bond and signs the documents in the ICE office), must keep the copy of the ICE Form I-305 that he received. With this document you can request a refund of the deposit.
After the local ICE office informs the detention center where the immigrant is that bail has been paid, he is released. This process takes only a few hours.
How to claim an immigration bond?
Lluis Law bail attorneys can help you recover the money deposited for immigration bail. We also help with all types of visas for the United States , Immigration I-601 Waiver, Consular procedure and Adjustment of status.
After the migrant receives legal status to remain in the US, is deported or leaves at their own will, the bail can be reimbursed. The debtor must contact the local ICE office to begin this process.
Having complied with the conditions of the bond, ICE sends Form ICE I-391, the “Notice Immigration Bond Canceled” . Through this document ICE notifies both the DHS Debt Management Center (Vermont) and the debtor’s address.
It is important that if the debtor moves during the bond process, reports the new address to ICE through Form ICE I-333, Obligor Change of Address. Otherwise, there will be no way for the debtor to be notified.
Upon obtaining Form I-391, Notice Immigration Bond Canceled, the debtor must send it full along with Form I-305, Receipt of Immigration Officer. Both documents must be accompanied by a letter requesting reimbursement of the bail money.
The package must be sent to this address:
Debt Management Center
Attention: Bond Unit
PO Box 5000
Williston, VT 05495-5000.
The time to return the bail money by ICE, takes on average one month from the request.
For any matter related to a bond or any case related to immigration matters, Lluis Law’s lawyers are at your disposal and help you solve all your questions. We have over 40 years of experience in representing immigrants in the Los Angeles area.