What Is an Immigration Bond?

An immigration bond works much like a typical bail bond. However, it is used when your loved one has been detained by the Department of Homeland Security US Immigration and Customs Enforcement (ICE) because they are in America illegally. As with a jail bail bond, you can post bail to have your loved one released from ICE custody to await their immigration hearing at home.

There are four different types of immigration bonds: delivery bonds, public charge bonds, voluntary departure bonds, and order of supervision bonds. A delivery bond is one of the most common types of immigration bonds. It’s solely used when a person (who is in the country illegally) is awaiting their immigration hearing.

A public charge bond is about preventing the individual from accepting public assistance from the government. If they do accept public assistance, the cosigner of the bond will be responsible for the money.

If your loved one is willing to leave on their own, a voluntary departure bond may be issued. Typically, it gives your loved one a timeframe to leave the country on their own accord. Finally, an order of supervision bond has more limitations, and your loved one may have limited freedoms or be required to checkin with immigration officers.

Who Qualifies for an Immigration Bond?

Not everyone qualifies for an immigration bond. For starters, your loved one’s criminal history should not reflect any serious crimes like aggressive assault, sexual assault, or murder. Even if they were never convicted of these crimes, simply having the arrest on their record could reflect poorly on them and the type of citizen they would become.

If your loved one does have some arrests or convictions, but they are older minor charges, an attorney may be able to argue that the individual has changed. Plus, if the arrests were unfounded, an attorney can help argue that they shouldn’t count.

Finally, to qualify for an immigration bond, your loved one must not be arriving in the U.S. at the time they apply. In other words, the loved one should have already been in the US before they can apply for an immigration bond.

What Happens to the Bond Money if You Are Deported?

If your loved one wins their immigration case and becomes a citizen, the bond money is returned, but what happens if they are deported? Luckily, deportation, whether forced or voluntary, closes the immigration case, so the money will be returned to the cosigner or bail agent.

In fact, the money will only be forfeited if your loved one does not attend their immigration hearing. Of course, the bail bond agent may send out a skip tracer to find your loved one, so they don’t lose their money. If you used your own money instead of a bail bond agent, you may be out of luck if you can’t find the missing loved one or convince them to go to their hearing.

After deportation, your loved one will have to wait ten years before they can reenter the US and try to become a citizen again. If this is their second time getting deported within that ten year period, they may have to wait twenty years before coming back.

Not everyone can get an immigration bond, but if your loved one qualifies, it can make a huge difference. Not only will they get to spend more time with you and other loved ones, but they have better time and resources to prepare for their immigration case. For more information, contact us at Albert Ramirez Bail Bonds today.