If someone you know has been detained by Immigration, you need to contact an immigration bond agency right away. A bond will most likely need to be posted for the individual to be released from custody. An immigration bond is only accessible to defendants who meet certain criteria, which we will discuss in more detail. However, it's crucial to consider your options once an immigration judge or ICE sets a bond price.
Our professionals at Brennan Immigration Bonds have years of experience in posting immigration bonds. We understand the anxiety and tension that you or a loved one may be experiencing as you start the journey of getting an immigration bond posted. Our experts can alleviate your fears by describing the procedure and walking you through each stage. Any concerns raised will be addressed honestly and completely, granting you confidence and understanding throughout the immigration bond process.
What Is An Immigration Bond?
This type of bond is ordered by immigration as collateral security that you'll show up for all of your court hearings. You're guaranteeing that if you are released from detention, you'll attend all of your court proceedings and abide by any rules the judge sets forth, even if it means being deported. Remember that being released on bond does not imply the conclusion of your immigration case. You still have to show up for all of your court hearings.
If you skip even a single hearing, you will most certainly be deported without having the opportunity to present proof to the immigration judge or request permission to continue to stay in the United States. The bond would be forfeited. The bond price varies based on the circumstances of each case. The immigration bond must be paid before a defendant can be released from custody. The defendant is normally informed of her or his bond amount by 2:00 pm and is permitted to contact a loved one to inform them. Once you know the bond amount, contact your immigration bond agency so that an electronic request can be submitted at that very moment.
Posting a New York Immigration Bond
An immigration bondsman will submit an electronic claim to ICE to post bond once he or she receives the details required to confirm the bond amount and location of the individual in custody. The defendant must provide the following information to begin the process:
- Full Name
- Date of Birth
- Alien Number
Once these details have been confirmed, your immigration bondsman will complete the necessary documentation with the Indemnitor. An indemnitor is an individual who would be responsible for getting the defendant to court and ensuring he or she follows the ICE's requirements. Defendants often have sponsors. These sponsors are the ideal candidates to act as indemnitor for the bonds. The Indemnitor is often the person who deposits the premiums and holds the security for the bond.
Requirements for New York Immigration Bonds
A defendant qualifies for an immigration bond if they can demonstrate that they aren't a threat to the general public and aren't at risk of fleeing the jurisdiction. In some situations, a person is ineligible for bond, for example, if they have specific criminal records or have previously been deported. In other circumstances, ICE declines to offer defendants immigration bonds because they believe they are not complying with their queries. Before their initial hearing, the defendant should consult with his or her pro bono immigration attorney to determine whether or not they qualify for a bond.
Types of Immigration Bonds
There are four different types of immigration bonds available to immigrants in ICE custody, so long as the defendant is not labeled as a threat to public safety or national security, and we'll explore each one below.
This type of immigration bond is applied when an individual (alien) is illegally present in the country. Delivery bonds require cosigners or obligors. An obligor is accountable for making sure that the defendant attends all court sessions and ICE authorities' appearance requests until the proceedings are officially terminated. This type of bond allows the defendant to be freed from custody and serves as a guarantee that the defendant will appear before the court as required. ICE Form I-352 details how the cosigner could be absolved from duty for the foreigner:
- If ICE accepts the foreigner for custody or deportation
- The bonded foreigner's voluntary departure
- If the bond is revoked
- A court or other ICE officer grants the foreign national some kind of residency
- Death of the bonded foreigner
If the defendant fails to show up before the immigration judge as requested, the obligor or cosigner would forfeit any cash paid towards the bond.
Voluntary Departure Bond
Bonds for voluntary departure are given out when an immigrant is required to leave the country and decides to do so on their own accord by a specific date. In exchange for the agreement to depart by a specified date, the defendant is given a bond that enables them to be freed from detention without being deported immediately. The following requirements must be met to release the obligor from their obligations under this bond:
- The obligation holder must make sure the foreigner leaves the country before or on the date specified in the court's voluntary departure order and must present proof of this within thirty days
- The foreigner has been approved by the Department of Homeland Security for deportation or to remain in their custody
If neither of these elements is honored, the obligor is legally bound to settle the sum mentioned on the bond.
Public Charge Bond
This bond is granted in exchange for giving the foreigner authorization to enter the U.S., to make sure that the individual entering the country would not become a liability to the nation by acknowledging any kind of public support. This bond forbids the defendant from accepting or being a public charge, and if the alien does, the obliger pledges to be responsible for compensating the state, government, county, municipality, town, territory, or district that offered the help up to the bond's full amount.
If the entity providing the aid is not allowed to receive payment, it must be made directly to the DHS. If the cosigner fails to settle the payments within thirty days after receiving notification from the DHS that the defendant received a ban from public assistance, the bond amount would be used to repay the costs up to the value of the bond. Any funds recovered by the DHS that are not deposited with the public institution that helped the alien will be paid to the Breached Bond Detention Fund.
Order of Supervision (OSUP)
This type of bond is applied when a person has been physically discharged from ICE detention and is in the waiting time between when he or she was released and when his or her final deportation order is issued. During this phase, the immigrant could only have a restricted amount of freedom and would occasionally be required to appear before the immigration authorities.
If the person complies with all of the provisions of the supervision order and presents themselves for deportation, the obligor's duty would be removed. In most cases, being expelled from the US as a result of a court order comprises a 10-year re-entry ban.
Premium and Collateral
When posting a New York immigration bond, a premium of 15% is required. This is the charge for posting an immigration bond and not the property or funds returned after the bond has been canceled. Collateral is anything in the form of personal property or a sum of money held by the bond agency to cover the cost of the immigration bond. This security is given back to you after the immigration issue has been resolved and the bond has been released.
Brennan Immigration Bonds accepts credit/debit cards, cash, or property as security. If you want to use real estate as collateral, your immigration bond agent will only need your address and full name to conduct a property search. If the real estate property has enough equity and fits as collateral, the bond agent will prepare supplementary mortgage documentation for the home owner(s) to sign.
Brennan Immigration bonds is aware of how crucial it is for collateral to be returned quickly upon the termination of an immigration case. We take great pride in being able to return collateral, in most cases, in less than 2 weeks.. A reliable immigration bond agent never keeps collateral longer than necessary and will never charge you to get your property back.
Why Working with New York Immigration Bonds Is Good For You
There are many reasons why choosing a licensed immigration agent to post your bond is the wisest decision. The most obvious reason is to be able to post the bond without having to use the full amount in cash, which then must be transferred to a cashier’s check in order to pay at an immigration facility. This means that your collateral is held by the Department of Homeland Security and will not be returned to you as quickly. It also means that you will have to navigate your way through the case on your own, without the assistance of a bond agency to help with correspondences or submission of necessary documents.
Finally, after the defendant's case is completed and he/she is either allowed to remain in the US, deported, or has left the nation voluntarily and submitted solid evidence, the bond will then be terminated and an ICE Form I-391 (Notice Immigration Bond Canceled) would be delivered to the obligor (entity or individual posting the immigration bond).
If an experienced immigration agency posted your immigration bond, they will handle all necessary submissions, such as the ICE Form I-305, as well as a duplicate of the I-391, to BFC to claim your refund. If the alien doesn't have an original I-305, he or she must present an ICE Form I-395, which is an affidavit in place of a lost receipt of US ICE for collateral acknowledged as security, together with an identity card and 3 signatures. Unfortunately, the ICE station that took the bond would often issue you with a duplicate of the I-305, which makes it difficult to avoid the I-395. You can avoid having to do any of these confusing requirements by calling Brennan Immigration Bonds as soon as you or a loved one have been detained.
Also, keep in mind that most immigration removal proceedings last 3 years or more. In that period, a lot could happen, and several individuals are forced to engage an expensive lawyer to retrieve their immigration bond refund. Another downside of posting immigration bonds directly with the DHS is that they're only required to issue I-340s, which is a Notice to Appear form, to the defendant and cosigner's addresses mentioned in the I-352 bond contract. Therefore, if you relocate without notifying the ICE, you will not receive notices from the ICE and your funds will certainly be forfeited.
The Cost of New York Immigration Bonds
The bond amount would be established by an immigration judge or ICE, and it may vary depending on several variables, including the individual's criminal history, immigration status, family ties, and job condition in the US. Bond amounts increase in direct proportion to the flight risk. A delivery bond normally starts at $1,500 and could go to as high as $10,000 or more based on the accused's risk factors. The minimum value for departure bonds is normally $500. It's crucial to remember that it can take a year or more for the authorities to refund the bond amount to the individual who deposited it.
New York Detention Facilities
There are 5 ICE centers in the state of New York. These are:
Buffalo Field Office
25 McCarthy Drive, Plattsburgh, NY 12901
Buffalo Field Office
Buffalo Federal Detention Center
4250 Federal Drive Batavia, NY 14020
New York Field Office
Orange County Correctional Facility
110 Wells Farm Road Goshen, NY 10924
Buffalo Field Office
Albany County Correctional Facility
840 Albany Shaker Rd., Albany, NY 12211
Buffalo Field Office
Wayne County Correctional Facility
7368 Route 31, Lyons, NY 14489
Buffalo Field Office
15 E. Chautauqua Street, Mayville, NY, 14757
Buffalo Field Office
Not all detention centers in New York allow you to post immigration bonds. If you want to post immigration bonds in New York, without the difficulties associated with locating a center where payments are accepted, having a citizen or legal resident post the bond, and acquiring all required information and documentation, you should make your life much simpler by calling a certified immigration bondsman. This bond agent can electronically post your immigration bond in any New York facility or throughout the United States. Posting immigration bonds with licensed immigration agents is far more convenient and simple than depositing full cash immigration bonds with the court.
Find a New York Immigration Bondsman Near Me
Immigration bond agencies provide you with the information you require to free your loved ones from ICE custody. They also assist you in determining who is eligible for immigration bonds. Our professional team at Brennan Immigration Bonds will help you understand your rights and offer additional solutions to guide you through the complex process of immigration.
If you feel overwhelmed, don't worry. Our bond agents can guide you through every step you need to take. Please do not hesitate to ask questions as we assist you in navigating this process. Our devoted New York immigration bond agents have focused on reuniting our clients with their friends and families. Call us at 888-668-1588 to reach out to us right away.