In U.S. immigration cases, factors can be complex and impact families. For instance, if a family member is detained by immigration officials after crossing the border without a permit, a common question is whether they can be released on bond. This paying immigration bond guide will cover everything you need to know about posting a bond to release a relative from detention, including basic requirements, payment amounts, appellate options, and steps to recover the bond.
Understanding Immigration Bonds
An immigration bond is a monetary guarantee paid to the Department of Homeland Security (DHS) to secure the release of a detained individual while they await their immigration proceedings. The bond amount is typically set by an ICE officer and can range from a minimum of $1,500 to potentially over $250,000, depending on various factors such as the detainee’s immigration history, family ties in the U.S., and any criminal record.
Steps to Pay an Immigration Bond
1. Determine Eligibility for Bond
- An ICE officer will assess whether the detainee is eligible for a bond. If eligible, they will set an amount that must be paid within a week. If no bond is set, you can request a hearing before an immigration judge to determine eligibility.
2. Gather Necessary Information
- Collect essential details about the detainee:
- Full name
- Alien registration number (A Number)
- Date of birth
- Address
- You will also need your valid identification and proof of legal status in the U.S.
3. Select Payment Method
- Payments can be made through:
- Cashier’s check or money order made out to “U.S. Department of Homeland Security.”
- Cash payments are only accepted in person at certain ICE offices.
- Ensure that any payment method used does not include additional information like the detainee’s name or A number on the check or money order.
4. Make the Payment
- Payments must be made at a local ICE office, which may require an appointment. Bring all necessary documentation, including your ID and proof of legal status.
- If using a bail bond company, ensure they have all the required information about the detainee.
5. Receive Confirmation
- After payment, keep all documentation related to the bond as it will be necessary for any future processes, including potential refunds after the case concludes.
Additional Considerations
- Types of Bonds: There are different types of immigration bonds:
- Delivery Bond: Commonly used, ensures the individual appears for hearings.
- Public Safety Bond: Ensures that the individual does not become a public charge.
- Voluntary Departure Bond: For those agreeing to leave the U.S.
- Order of Supervision Bond: Ensures compliance with supervision conditions.
- Refund Process: To request a refund after fulfilling all obligations, submit Form G-146 to ICE once your case is concluded and follow their instructions for obtaining your deposit back.
By following these steps and ensuring you have all the necessary documents and information, you can effectively navigate the process of paying an immigration bond for a relative in the U.S.
Eligibility for Immigration Bond
Immigration detainees, including non-citizens, have the chance to be released through paying the immigration bond. This bond ensures that the person appears for all hearings in court and possibly meetings with the immigration services of the United States. However, the importance should be noticed that not all students have the opportunity to choose this option.
Factors Affecting Eligibility
Eligibility for immigration bonds largely depends on various factors related to the detained individual’s case. Some of these key considerations include:
Criminal Record
Individuals with certain criminal records may be subject to mandatory detention and are ineligible for immigration bond. Understanding the specific crimes that lead to mandatory detention is crucial in determining whether a relative qualifies for a bond.
Length of Time in the U.S.
The duration of the detainee’s residence in the United States is another factor considered when determining bond eligibility. Longer periods of lawful presence can enhance the chances of being granted a bond.
Family Ties in the U.S.
Having close family ties in the United States, such as immediate family members who are U.S. citizens or lawful permanent residents, can be a favorable factor in the bond determination process.
Employment History
A stable employment history, with proof of legal employment even without authorization, can positively influence the bond decision.
Immigration Violations
Previous immigration violations, including unauthorized stays or visa overstays, will also be considered in the determination of bond eligibility.
Determining the Bond Amount
To determine the bond amount for a relative detained by U.S. Immigration and Customs Enforcement (ICE), several factors and processes are involved:
Bond Amount Determination
- Initial Assessment by ICE:
- When an individual is detained, ICE conducts a risk classification assessment to evaluate the potential risk to public safety and the likelihood of the individual fleeing before their immigration court hearings. This assessment helps ICE decide whether to set a bond and at what amount.
- Bond Amount Range:
- The minimum bond amount is typically set at $1,500, but there is no upper limit. The actual amount can vary significantly based on the individual’s circumstances, with many bonds ranging from $5,000 to $15,000, depending on the case.
- Factors Influencing Bond Amount:
- Several factors are considered when determining the bond amount:
- The detainee’s criminal history and any prior deportation orders.
- The potential threat posed by the individual to public safety.
- The likelihood that the individual will appear for future immigration proceedings.
- Several factors are considered when determining the bond amount:
- Requesting a Bond Hearing:
- If ICE sets a bond that is deemed too high or if no bond is set, the detainee can request a bond hearing before an immigration judge. During this hearing, they must demonstrate that they are not a danger to society and are likely to appear for all required hearings.
- Legal Status of the Obligor:
- Only individuals who are at least 18 years old and have legal status in the U.S. can pay the bond. This person, known as the obligor, must present valid identification and proof of their legal status when making the payment.
- Payment Process:
- Bonds must be paid in person at an ICE office using a cashier’s check or money order made out to the “U.S. Department of Homeland Security.” Cash payments are generally not accepted.
By understanding these key aspects, you can better navigate the process of determining and potentially paying an immigration bond for your relative.
Appealing a High Bond Amount
In cases where the initially set bond amount is considered unreasonably high, there is a possibility to appeal. This can be done by requesting an Immigration Judge (IJ) to lower the bond amount.
The Process
The detainee or their representative can make this request in writing or orally. Some IJs may conduct a bond hearing concurrently with the initial Master Calendar hearing, but it’s often more effective to file a “Motion for Bond Redetermination.” This formal request should outline the reasons for a bond decrease and be supported by evidence.
Gathering Evidence
Present strong evidence like legal family ties and stable employment to support your bond request. The judge will decide on the bond, and changes can only occur if the detainee’s situation changes.
Paying Immigration Bond
Once the Immigration Judge has made the final bond determination, the bond can be paid by any person who is in the United States lawfully. This could be a friend, relative, or anyone else with legal status.
The Payment Process
To complete the bond payment, visit your local ICE office with proof of your legal status, your original Social Security card, and a photo identification document. In addition, It is essential to have the detainee’s name, date of birth, and alien registration number (A#) on hand. Notably, the bond payment must be made by cashier’s check payable to the Department of Homeland Security and cannot be paid in cash or with a personal check.
Securing the Return of Bond Money
To ensure the return of the bond money, it is imperative to retain the original document signed at the local ICE office during the payment process. Additionally, the detained family member must comply with all orders issued by the Immigration Judge. This requirement remains in effect whether the detainee is ordered removed or receives a grant of relief. The relative need to understand the stakes involved—if they miss a hearing or attempt to evade the proceedings, the entire bond amount may be forfeited.
In conclusion, paying a bond to secure the release of a detained relative is a complex process with several factors to consider. Also, Understanding the eligibility criteria, the bond determination process and the importance of compliance with court orders is vital. Navigating this challenging situation requires careful attention to detail and adherence to legal procedures. By following these guidelines, you can make informed decisions and work towards reuniting with your detained family member. For further assistance, consult with legal experts familiar with immigration law to ensure the best possible outcome.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for a Nonimmigrant Visa or Family-Based Immigrant Visas, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to travel to the US. Call us today at +234 812 5505 986 to learn how we can assist you.
