Learning that Immigration and Customs Enforcement has arrested and detained your friend or relative can be devastating, particularly when they have minor children. While most detainees are eligible for Phoenix immigration bonds, the loved ones at home often do not have the necessary funds to post an Immigration bond. That means the loved one will remain detained for months or even years while the case is pending in court. Fortunately, this does mean that there are no options.
Thanks to immigration bond companies like Brennan Immigration Bonds, we can offer guidance, help, and support while finding a solution. Approximately 150,000 immigrants have been detained in the past few years alone. It is a stressful time when your loved one is detained in a foreign country. The best thing you can do for your loved ones is to secure an immigration bond. The bond will help them walk out of the detention facility as you await the outcome of your case trial.
If you are in the United States without legal status, you should have knowledge of what immigration bonds are, how the court sets the bonds, the different types of immigration bonds, and the entire legal process. Immigration bonds are complicated to navigate since they involve multiple parties. You will need the help of an experienced immigration bond agent.
At Brennan Immigration Bonds, we have offered bail bond services for many years. Contact us today if you seek immigration bond services in Phoenix.
Understanding San Francisco Immigration Bonds
Immigration bonds are issued by the court when the department of homeland security has detained you for being in the US unlawfully. Like with standard state bail bonds, you can use the immigration bonds to be released from ICE custody and attend court hearings while also being able to remain with your family and continue working.
Immigration bonds come in four types, voluntary departure, public charge, supervision bonds, and delivery bonds. Not everyone qualifies for immigration bonds. For example, you cannot qualify for the bonds when your past criminal record reflects a conviction for serious offenses like sexual assault, murder, or aggressive assault. Even when you have never faced conviction for these crimes, an arrest for them is enough.
When you do not have prior convictions or arrests but minor charges, your attorney may argue you have changed. Also, you may discuss whether the arrests should not be counted when the arrests were unfounded. Lastly, you must have stayed in the US for a certain period before applying to qualify for the bonds.
Arrest for Immigration Cases in Phoenix
In America, an alien is anyone who lacks citizenship. However, when the alien remains in the country for a certain period, they can become citizens of the US through naturalization.
After the arrest, a booking process takes place. The arrest starts with the immigrant being arrested by the police on behalf of ICE. The requirements for the booking process vary from state to state. According to Article III A(1), the Immigration and Nationality Act of 1952, the statute grants the arresting officers the power to arrest any person residing in the US illegally.
Types of Immigration Bonds
There are various types of immigration bonds, but only two are commonly utilized. It is important to understand the types of immigration bonds before you post the bond. The following are common immigration bonds in Phoenix, Arizona.
A delivery bond is available to someone(alien) in the US illegally. The bond requires an obligor or cosigner. The work of the obligation is to ensure the arrestee appears for the scheduled court dates until the court resolves the case. The bond is an agreement between the obligor, cosigner, and the court, guaranteeing the arrestee will appear for all court dates. The law under form I-352 outlines how the court can exonerate the obligatory responsibility when:
- The court cancels the bond.
- When ICE decides to deport or detain the arrestee.
- When the alien volunteers to leave the country.
- If the alien dies,
- When the judge grants the alien a specific type of residence,
When the alien fails to adhere to the law or appear for the requested court dates, the obligor may lose funds paid when seeking the delivery bond. Therefore, if you are an alien, you want to comply with the court orders and appear for the court proceedings as required by the court.
Voluntary Departure Bond
The bonds are issued when the law requires departure from the country, but the alien agrees to depart the country on a given date voluntarily. The alien can be released from the detention facility without the need for immediate deportation, and is provided time to get their affairs in order prior to leaving the country. The obligor, however, has specific responsibilities and conditions which they must fulfill.
The obligor should ensure the alien leaves the country before the court stipulated time. The obligor must provide evidence to the department of homeland security within a month. The obligor must pay the bond when the alien fails to meet the conditions.
How Do You Obtain a Phoenix Immigration Bond?
ICE will let you know whether the immigration bond is set or whether the court denies a bond. Sometimes you can request the court to grant a bond. The court can set your bond during the first court proceeding. The central part of the bond proceedings is the bond hearing.
You will attend the hearing once the court sets a hearing date. The court must consider whether you qualify for an immigration bond. The court will also help you understand immigration bonds and the legal process. To qualify for the bond, the judge must feel confident that:
- You are not a flight risk.
- You do not pose a danger to society.
If you have ever faced deportation, ICE may deny you an immigration bond.
Immigration Surety Bonds
A bond company can help you post an immigration bond. The bail bond company will charge you a service fee of 15% of the immigration bond amount.
For immigration bonds, agents must request collateral.
You might use your credit card, or cards, to secure funds for collateral.
Real property includes your house or your land. The property must be located within the country. The property you present must have a value equal to or above the bond. A property search to determine the amount of equity in your home can be performed in just a few minutes.
The law allows you to use marketable assets like securities and cash to secure the bond. The bond agent will place the collateral in an account until the court exonerates the case.
The judge may decide to deny you the immigration bond for several reasons, including:
- The nature and circumstances surrounding the case.
- Whether you are a flight risk.
- The amount of the bond.
Also, the court can consider other factors, like whether you have a family and children living in the US.
What to Do When Detained or Arrested by Immigration
The situation might be challenging when arrested for an immigration case, especially if it is your first offense. However, immigrants detained or arrested by immigration have rights.
For example, you might have few rights when the police arrest you at an airport or border. But you might have many rights when your arrest occurs on the street, at work, at home or at a traffic stop. When arrested, you want to remain calm and remember to do the following:
- Remain silent.
- Avoid signing anything unless you consult your attorney.
- If detained or arrested, you can speak with your attorney and family.
- Do not agree to take a voluntary departure before you seek legal advice from your attorney.
- Record the telephone number and the full names of the deportation officers allocated to your case.
- You have the right to hire an immigration attorney. The attorney will guide you throughout the legal process.
The Benefits of Working with Brennan Immigration Bonds
To succeed in your case, you must work with competent immigration agents. A licensed and experienced bail bond agency is highly recommended.
Experience in Immigration Cases
You must consider the experience an agency has with Immigration bonds, their level of expertise, specific licensing required to post these bonds and their reputation. Agents with expertise increase the chances of your success. Choosing an agency specializing in immigration bonds will increase your chances of having a favorable outcome. Working with us is the best thing you can do. We have spent over 30 years gaining experience and knowledge in this field.
24/7 Bond Services
It is comforting to know that you will have access to agents who are available 24/7. As an immigrant, you might encounter an issue with ICE when you least expect it. You will likely be confused about what to do next, and need the advice of a licensed immigration bond specialist.
At Brennan Immigration Bonds, we are here to help you secure your immigration bond. We start by discussing your situation and gathering the essential details required to post your bond. If you are seeking immigration bond services in Phoenix, Arizona, speak with us immediately.
Contact us today at 888-668-1588 for a free case evaluation.