It is a very exciting time when an immigrant is granted permanent residency, or citizenship, in the United States. Residency Visas are issued for various reasons, including work, study, or permanent residence. If you face an arrest for committing a crime in the United States or for entering or remaining in the country without legal status, you risk detention by Immigration and Customs Enforcement.
Detention can last for weeks or even months, and immigration determines the course of this process. Remaining in ICE detention can affect your family, life and work. Fortunately, most people detained by ICE will be granted an Immigration bond, which can be posted to secure a timely release from custody. Being released on bond provides the opportunity for the alien to continue living and working in the United States while the case is ongoing. It prevents families from suffering through the hardships caused by the unexpected absence of a family member. An immigration bond is paid to guarantee the full amount of the bond in the event that the immigrant fails to appear at scheduled hearings or appointments.
If your loved one faces an arrest and detention by the ICE, and you do not have enough money to pay the bond, or you don’t understand the bond process, you will require the guidance of an immigration bonds agent. At Brennan immigration bonds, we will offer the expert advice you need to secure your loved one’s release. Our Chicago Immigration Bond agents are available 24/7 to guide you through the bond process.
What is an Immigration Bond?
An immigration bond is an amount an illegal immigrant pays to Immigration and Customs enforcement to secure a release with a pending immigration case. Some individuals with temporary visas could be tempted to overstay in the country even after their visa expires. When a non-citizen or illegal immigrant faces an arrest for committing a crime or violating other immigration laws, they are detained at the ICE offices. The person could remain at these offices while awaiting deportation or the criminal case's outcome.
Remaining in ICE custody is not in your best interest. This is because it takes away from the time you need to spend with your family and can affect your livelihood in the United States. Fortunately, most ICE detainees are eligible for a temporary release by posting a bond. The bond guarantees the court that you will return after your release to follow up with your immigration case.
You can take advantage of the temporary release to go back to work and earn money for legal counsel. Additionally, you can meet with your lawyer to discuss the sensitive matters of your case. There are several types of immigration bonds that you can post depending on your situation:
Voluntary Departure Bond
If a person detained by Immigration and Customs Enforcement agrees to leave the US voluntarily, the judge will grant them a voluntary departure bond. However, the ICE expects you to leave within a specified time. Allowing an illegal alien to leave the country renders the need for forceful removal void. When the person leaves the country within the specified time, the person who paid the voluntary departure bond will recover their money.
However, if you post this type of bond for a loved one and they fail to leave, the person could face detention and bail forfeiture.
Delivery Bond
An illegal immigrant is released on a delivery bond with a promise to return to court for their immigration court proceedings. When allowing you to post a delivery bond, the judge will consider the seriousness of your criminal charges and the likelihood of flight. After a release on delivery bond, the defendant can hire an attorney to help them fight the charges.
You must understand that posting a delivery bond requires an arrest warrant and custody conditions from the ICE.
Public Charge Bond
You are considered a public charge if you receive immediate financial help or care from the government. When an immigrant applies for lawful permanent residence, they will be subject to a determination of inadmissibility based on the public charge laws. Posting a public charge bond in your immigration bonds will assure the court that you will not accept government assistance. Accepting financial help from the US government violates your bond and will have serious consequences.
Immigration Bond Hearing Process
When an immigrant faces an arrest and detention by ICE, the next steps vary from one case to another. If you have never been in contact with the ICE, this number is essential for your family and friends to identify you. At this point, byte ICE officers will determine your eligibility for the immigration bond. If the ICE has yet to agree on your eligibility for the temporary release, they will schedule a hearing. At this hearing, the immigration court judge offers you bail and the amount you must pay for the release.
What you expect from your immigration bond hearing varies depending on the reason for your detention. If you have minor immigration violations, you only need to prove to the immigration judge that you are not a flight risk. This means you will return to court for your proceedings when you are released with a pending case.
Factors Affecting the Cost of Immigration Bonds
Not all ICE detainees are eligible for a release on immigration bonds. Before your release, the immigration court will hold a hearing where the judge determines your bond amount. The following are some of the factors that could determine the amount of bond you need:
Type of bond
You can secure a release from ICE detention through a voluntary departure bond or a delivery bond. Since a delivery bond allows you to remain in the US to battle your case in court, the amount is higher for this type of bond. The amount could be increased when you are a flight risk or your history. Often the minimum you stand to pay for a delivery bond is $1500. On the other hand, voluntary departure bonds are issued with an order to leave the country and are lower. Under normal circumstances, delivery bonds start at $500.
Are you a flight risk?
When the ICE releases you on an Immigration bind, you are expected to return to court and follow up with your case proceedings. Therefore, your flight risk will significantly affect your ability to secure the bond and the amount you must pay. Flight risk is the likelihood of fleeing to avoid the consequences of your criminal actions. In your immigration bond hearing, you must prove to the court that you will not escape.
Some factors that could help convince the immigration judge of your return for your court proceedings have strong ties to the community. Strong ties may be in the form of a stable job or family members living in the state. If you seek the services of a Chicago immigration bonds company, you must also prove to them that you are not a flight risk.
Criminal History
An ICE detainee with no criminal history is likely to pay a lower immigration bond than someone with a substantial criminal record. Sometimes, ICE authorities have a right to release a detainee on their Own Recognizance. OR release is often reserved for defendants with no criminal record and facing charges for minor offenses. If you or your loved one secures an OR release from ICE, you will not require a monetary commitment. However, you must sign an agreement promising to return to court for scheduled court proceedings.
Threat to Community Safety
The ICE detains immigrants for various reasons. Some of these reasons could range from being in the country without valid documents to committing severe and violent crimes like murder. Although an immigration bond allows a defendant to go home and continue with their lives as they await the outcome of their case, the court is vigilant in protecting other community members. If you are a risk to the safety of other people, the immigration court could impose high immigration bonds or hold you without a bond.
Strength of your Case
If the immigration court judge feels you are likely to win your case, they will allow you to post bond and set a low amount. This is because keeping you in custody will not make sense if you end up winning your case and remaining in the United States.
Surety Bond
If you cannot post cash bail, your only option to secure a temporary release of your loved one from ICE detention is to contact a Chicago Immigration Bonds company. Surety companies work to help defendants facing criminal or immigration court proceedings to secure a release by posting a bond. When you contact the company, they will send an immigration bonds agent to work on your case.
The bonds agent will assess your loved one’s criminal history and flight risk before agreeing to enter an agreement with you. Another factor they could consider is your ability to cover the bail bonds premium. If the surety company agrees to help you post an immigration bond for your loved one, you will sign an agreement. The agreement requires you to shoulder all the financial responsibilities associated with the bond. Additionally, you will be responsible for ensuring that the defendant does not flee and will follow all the conditions issued at the immigration bonds hearing.
After signing the agreement, the Chicago immigration bonds agent will go to court and post a bond for your loved one prompting their release.
Collateral and Fees for an Immigration Bond
While you do not need the full bond to pay your loved one’s immigration bond, you will be responsible for 15% to 20% of the bond amount. The bail bond premium acts as a fee for the services of the immigration bonds agent. For example, if the ICE judge requires your loved one to pay a $10,000 bond, you will pay a $1,500 fee which is 15%. When paying collateral for an immigration bind, you must understand that this amount is non-refundable.
In addition to the premium, immigration bind companies will always ask for collateral for the immigration bonds. Bail collateral is anything of value that the bonds agent can hold onto until the immigration case ends. The collateral assures the company that it will not lose its money, even in forfeiture cases. Collateral for immigration bonds can be in the form of real estate property, vehicles, or other valuables.
Many people seeking to post an immigration bond through a surety company are concerned about whether they can put up collateral instead of paying the premium. Unfortunately, the immigration bond premium and the collateral are separate. You will recover the collateral if the immigrant shows up for their court proceedings and the bond is canceled.
Benefits of Hiring a Chicago Immigration Bonds Agent
Enlisting services of a bonding company is common for defendants of low income and those who cannot access funds on short notice. Some of the benefits you will accrue from using immigration bond services include the following:
Faster Release
When your loved one is placed in ICE detention, they will be detained with thousands of immigrants who face criminal charges or await removal proceedings. Therefore, other families will flock to the ICE offices attempting to secure their loved one’s release. Before you post your loved one’s bond, you may have to wait several days. However, immigration bond services have fewer clients and can prioritize your loved ones to secure a faster release. A fast release means the immigrant will not spend unnecessary time in detention.
Flexible Bond Payment Options
Posting a cash bond requires you to present a check for the entire bail amount before the immigrant is processed out of detention. If you do not have enough money, your loved one remains behind bars. With an immigration bind service, you can pay a small percentage of the premium fees and cover the rest in monthly installments. This allows all immigrants an equal opportunity to secure a release,
Additional Expert Guidance
The immigration bonds process is complicated and involves numerous paperwork. If you have yet to contact the ICE offices, you may take a long time to sign all the documentation for the release. However, when you contact a Chicago immigration bonds company, they will send an agent to guide you through the process.
Additionally, the burden of ensuring that an immigration court defendant returns to court shifts to the bonds agent when you sign the immigration bonds agreement.
Prompt Release of Collateral Funds
Brennan Immigration Bonds releases any collateral being held to secure a bond immediately upon receiving a cancellation of bond. Our clients typically receive their refunds within 10 days of cancellation.
ICE detention center in Chicago, IL:
U.S Immigrations and Customs Enforcement
Find an Immigration Bonds Agent Near Me
When an immigrant is arrested in the United States, they remain in Immigration and Customs Enforcement custody. You are expected to be in custody with pending deportation proceedings or while your case continues in immigration court. Sitting behind bars can be a challenging experience for you and your family.
However, ICE allows you a release before the outcome of your case by posting an immigration bond. There are two main types of immigration bonds serving different purposes in your case. If you post a delivery bond, you can continue with your life in the US and plan to fight your charges. On the other hand, a voluntary departure bond allows you to leave the country as scheduled.
Due to the sensitivity of immigration cases, immigration bonds are often costly, making it challenging for many defendants and their families to raise the money. At Brennan Immigration Bonds, we understand the devastation of watching your loved one sit behind bars. Our Chicago Immigration Bonds agents will offer you the guidance and financial assistance you need to secure your loved one’s release. Contact us today at 888-668-1588.