Do not become hopeless upon the arrest and detention of your illegal alien loved one. Brennan Immigration Bonds can secure their release immediately by posting a bond, if one has been granted. If one has not yet been granted, and this is the first time your loved one is in detention, there is a very good chance of a bond being granted. After being released on an immigration bond, a person may live and work as usual, while awaiting the outcome of their immigration case. However, the process can be complicated and requires stringent adherence to legal procedures and protocols. In this article, Brennan Immigration Bonds, a skilled Riverside immigration bonds agent, will help you understand immigration bonds, different types, their cost, how they work, and how to acquire them. Our goal is to offer quality services that result in a hassle-free release for your loved one at an affordable cost.
What are Riverside Immigration Bonds?
Also known as ICE Form 1-352, an immigration bond is a legal option to release an individual arrested and detained by Immigration and Customs Enforcement. The bond assures that the defendant will appear in all their scheduled court proceedings after release.
The ideal outcome is for the detained person to work towards obtaining legal status in the United States.
Types of Immigration Bonds
There are two forms of immigration bonds, namely:
- Delivery bond — You, the detainee, should receive your custody conditions and arrest warrant from the ICE. The court will then set the bail amount based on the seriousness of the alleged crime. After posting bail, you will be released temporarily on the promise that you will attend all your court hearings. Being released on bail allows you to return to your daily routine and engage an immigration attorney. These bonds are the most common immigration bonds granted to detained immigrants.
- Voluntary departure bond — If detained by the ICE for unlawfully living in the country, you can voluntarily agree to leave the U.S. within the agreed-upon duration at your own cost. By meeting the conditions of this bond, the ICE will not forcibly remove you from the county. Failing to leave can result in additional criminal charges and bond forfeiture.
Immigration Bond Cost
Usually, the immigration judge (IJ) informs the detainee of their required immigration bond cost. In some cases, a detention officer will set a bond at the time of booking. If the detainee must see a judge, they will typically wait 7-14 days before their court hearing.
Typically, the minimum amount for a delivery bond is $1,500. Nevertheless, this amount can be higher than that depending on the following factors:
- The length you have lived here.
- Community ties.
- Employment history.
- Whether you have a criminal record, criminal history, or legal violation.
- History of committing an immigration crime or more serious offense.
- Strength of your immigration case.
Appealing Your High Set Immigration Bond Amount
If you would like to petition the court to lower your bond or the bond of a loved one, you should submit the request in writing or before the judge. The assistance of an attorney may be helpful in this situation.
Moreover, you can bring a “Motion of Bond Redetermination.” It is a different hearing during which the immigration judge will consider your bond amount. The motion should indicate why you think the judge should lower your bond and include proof supporting your request, including:
- Proof of property ownership.
- Evidence of steady employment.
- Community involvement.
If the IJ believes there is adequate evidence, they will determine the most suitable bond amount. Typically, the bond amount will not change unless circumstances associated with your detention change. For instance, if the judge determined your immigration bond amount using criminal charges that have been dropped, you can request the judge to reduce your bond amount based on your changed case circumstances.
Posting Immigration Bonds
A licensed and experienced surety agent at Brennan Immigration Bonds can post bonds electronically through the eBonds system. This eliminates any additional time spent on traveling to the facility or waiting to post a physical bond. Required at the time of posting the bond will be a 15% premium fee, which is 15% of the total bond. In addition, the full amount of the bond will need to be secured. We are able to secure the bond with real estate property, cash, and/or credit cards. Anything used as collateral will be returned when the case is closed. The premium is non-refundable irrespective of your case outcome.
We understand that many people do not own real estate property and may not have access to large amounts of cash or credit resources. We make every effort to find a solution for each client that makes posting a bond possible. With qualified signers, we will work with clients to create a comfortable payment plan if they are not able to come up with the full amount right away.
If your relatives or friends can post the entire bond amount to the ICE, it is referred to as a cash bond. If you attended all your court proceedings and complied with your release conditions, the person who posted the bond will receive a refund, just as with a bond agency. Keep in mind that anyone posting a cash bond must have legal status in the United States. There are some important differences between posting directly with ICE and posting with an agency. The first is that an agency will provide assistance throughout the process, is available 24/7 should there be questions or concerns, has working relationships with personnel within the facilities, and will help prepare documents or forms if needed. You will not have access to those benefits if you post a cash bond. Another difference is that Brennan Immigration Bonds will return your collateral within days of case termination and bond cancellation, whereas it could take several months to receive otherwise.
The person posting a bond does not have to do so in the state where a detainee is being held. We can provide all paperwork electronically and funds can be transferred via Zelle or paid by credit/debit cards.
What Occurs After Posting Your Riverside Immigration Bonds
Typically, immigrants are released almost immediately after posting the immigration bond. After ICE completes your release process, your loved one(s) should pick you up at the Immigration and Customs Enforcement facility that same evening. Every facility has it’s own set of procedures and some release the following morning. It is especially common for facilities housing female detainees to release in the mornings to prevent anyone from being released after dark in an unfamiliar environment.
If you were released on a departure bond, you should leave the U.S. voluntarily upon your release within a specific timeframe. Usually, the window is between thirty to ninety days, but it can be less depending on your case circumstances. Before returning to your home country, you can use this time to ensure things are in order.
The case is closed if you leave the country within the ICE-speculated timeframe. The bond agency will receive a notice that ICE has canceled the bond, thus initiation of the refund process can begin. If you fail to leave as agreed to in your bond conditions, you will be re-arrested, removed from the U.S., or detained.
If you were released on delivery immigration bonds, you could fight your case in court. After your release, you can return to your home and seek legal assistance. You should also go to the ICE office whenever requested for your court hearings and check-ins. Once your case is closed, your immigration bond is canceled, irrespective of your case outcome any collateral will be refunded. Failing to adhere to your release conditions will result in an ICE arrest and you could be detained until the case is closed.
Other requirements to keep your immigration bond effective include the following:
- Attending your court hearings on time.
- Hiring an attorney to ensure you file the correct paperwork timely and increase the chances of obtaining a favorable outcome.
- Since hearings are lengthy, it is advised to take advantage of that time to complete any immigration process.
Immigration Bail Bonds Eligibility
Not every detainee with immigration charges qualifies for Riverside immigration bonds. As stated above, you may have a court hearing where the immigration judge will consider your case facts. The judge will deny or grant bond eligibility based on the following factors:
- You are not a flight risk — If the immigration judge thinks you are less likely to flee as you await your case resolution, the higher your chances of obtaining immigration bonds.
- You do not pose a risk to your community — Having a criminal record can negatively affect your possibility of obtaining the bond, but your skilled immigration lawyer can assist you. The judge will consider whether you have been rehabilitated from your previous crimes.
- Your likelihood of winning your case — If the immigration judge believes you will win, the IJ is more likely to grant you the bond. It is not practical to keep you detained or for you to flee if you will prevail in your case.
An experienced immigration lawyer can assist you in preparing proof that you are eligible for the bond. They will present documents and other evidence of:
- Family ties — Photographs with your loved ones.
- Immigration sponsorship — The lawyer will request a permanent resident to the United States to prepare your sponsor letter indicating that they know you, proof of their residence, and their contact details.
- Community ties — Evidence of your local organization membership or volunteering.
- Property ownership and employment — Evidence of financial independence (It can be paycheck stubs, property deed, or a letter of support from your boss).
Factors that Can Disqualify You from Immigration Bond Release
If you are an alien at the United States port of entry or border and seek to enter the country, but the immigration officer believes that you want to get into the country illegally and are detained, you do not qualify for immigration bonds. It happens when:
- You engage in misrepresentation or fraud when applying for your U.S. visa.
- You are a suspect of committing a crime involving terrorism or national security.
- You have an outstanding indictment or warrant for aggravated or serious felonies.
- You were found inadmissible due to a psychological, mental, or medical disorder.
An individual who is illegally in the United States and has not obtained legal resident status is also ineligible for an immigration bond release.
Moreover, you are ineligible for immigration bonds as a permanent resident when you commit and are convicted of an aggravated felony. An aggravated felony is a criminal activity that carries at least a year in prison/jail. These crimes include:
- Selling controlled substances.
- Selling explosive material and materials or firearms.
- Money laundering.
- Violence crimes like robbery.
- Child pornography.
- Human trafficking, human smuggling, involuntary servitude, slavery.
- Fraud that caused the alleged victim to lose more than $10,000.
- Perjury, obstruction of justice, bribery of a witnesses.
- Tax evasion crime that caused the government to lose at least $10,000 in revenue.
- Falsely making, counterfeiting, altering, or forging a passport.
Reinstatement of Removal and How It Disqualifies You for Immigration Bond Release
Reinstatement of removal applies if you, the alien:
- had unlawfully entered the United States and left willingly, or
- has been previously deported or removed per a previous order of exclusion, removal, or deportation.
If you reenter the country unlawfully for another time, the immigration judge will reinstate your previous removal and make it effective as of the date the judge issued it.
The court cannot review or reopen your reinstated removal order, disqualifying you from relief like the release of Riverside immigration bonds.
However, you can request a bond release even if the order of removal against you is reinstated if any of the following exemptions apply:
- You are applying for adjustment of status or legalization and under a class action lawsuit.
- You are a Haitian applying for an adjustment.
- You reentered the country and applied for immigration relief life asylum or adjustment of status before 1997.
- You are eligible for adjustment of status per the Violence Against Women act.
- You are a victim of trafficking and a victim of an offense who is eligible for nonimmigrant status.
How to Obtain an Immigration Bond Refund
Once you, the detainee, have either been deported or obtained legal status, the outcome triggers your bond refund through its cancellation. Immigration and Customs Enforcement will send Form I-391 to the posting agency. The agency will then contact the indemnitor, or payer, of the bond in order to verify the address to mail the bond refund. Consequently, if any party involved in posting an immigration bond moves after posting Riverside immigration bail bonds, they should inform us of their new address right away. They should also notify ICE of any changes.
The indemnitor should have legal permanent resident status, and is most often an acquaintance or friend rather than the detainee’s relative. Generally, this poses a challenge in an immigration bond refund since contact may have been lost between the two. A refund will always be returned to the person who signed for the bond. Unfortunately, there are times that the person for whom the bond was posted has already repaid the indemnitor. They expect that the refund can then be sent to them. However, this is not true. You should contact our office right away if you wish to request a transfer of collateral refund to a person other than who originally paid. If the indemnitor is available to sign an affidavit granting permission for collateral to be refunded to another person, the we can ensure the refund goes to the correct place.
What Happens When the Alien Fails to Appear at the Scheduled Court Hearings?
You violate your bond conditions if you fail to attend your ICE check-ins or court hearings and become a fugitive. Immigration and Customs Enforcement will send your obligor Form I-340 through the mail. The notice requires your obligor, or bond agent, to present you at the Immigration and Customs Enforcement office at a specific time and date. Otherwise, the indemnitor will not receive a refund.
Contact a Reliable Immigration Bonds Agent Near Me
Learning that the United States Immigration and Customs Enforcement agency has detained a loved one is distressing and devastating. It can also result in looking for solutions to secure their prompt release. Fortunately, Brennan Immigration Bonds, an experienced and reliable Riverside immigration bonds agent, can guide you through the process with expertise and compassion.
Please contact us at 888-668-1588 to learn more about how we can help you.