How can I get and pay for an immigration bond in removal proceesings?

If you have recently discovered that your family member or friend is being detained in jail on an immigration hold, it is important for you to know what needs to be done to get your family member or friend out of jail. The following material explains the process of requesting an immigration bond, and also helps you to understand how to pay the bond and get your family member or friend released from jail.

Requesting the Immigration Bond

 

There are two ways in which your friend or family member can get an immigration bond. The first, and quickest, path to freedom is if the deportation officer responsible for the case interviews the alien and determines that he deserves an immigration bond. If this occurs, you should expect to be able to pay the immigration bond within a week of the initial bond determination of the deportation officer.

 

In the event that the deportation officer declines to grant a bond to the alien, your family member or friend can ask the Immigration Judge to grant a bond. Be very careful when asking the Immigration Judge for a bond, because, absent extraordinary circumstances, the alien will have only one chance to convince the Judge that the alien deserves the bond. Because the decision whether or not to grant the bond has a tremendous impact on future decisions regarding removal relief, any alien seeking a bond from the Immigration Judge is strongly advised to seek the services of a competent attorney with ample experience in immigration practice before the Immigration Courts.

 

Paying the Bond

 

Once a bond is granted, a United States Citizen or Lawful Permanent Resident can schedule an appointment with the local immigration office to pay the bond. In Salt Lake City, where I predominantly practice, the person who will pay the bond should call (801) 313-4260, and then dial “0”. Inform the individual answering the phone that you wish to schedule an appointment to pay an immigration bond. 

 

The immigration bond cannot be paid by cash or personal check. The best way to pay the bond is to get a cashier’s check made out to the “Department of Homeland Security.” Of course, you can also use a bail bondsman to pay the immigration bond, who generally charges a 10% fee for the services in arranging payment of the bond. On the date of your appointment to pay the bond, go to the USCIS Office and bring your original social security card and photo identification. Do not bring a copy of your social security card, and do not plan on merely reciting your social security number for the official. Expect the bond payment process to take about an hour. Once the bond has been paid, the deportation officer will send notice to the jail via fax authorizing the alien’s release from jail.

 

Once the bond is paid, go directly to the jail so that you can pick up your family member or friend. As long as the alien goes to all of his immigration court hearings and complies with the order of the judge, the bond will be returned at the end of immigration proceedings. The consequences of failing to comply with the Immigration Court are severe. The bond will be breached, the entire sum will be forfeited to the United States government, the alien will receive an order of removal, and Immigrations and Customs Enforcement officers will seek out the alien in order to remove him from the country. 

 

Obtaining and paying an immigration bond is the first step in a long fight against removal from the United States. Talk with an immigration attorney experienced in Immigration Court litigation for more information about the complexities of immigration law and the need for competent legal defense.