When ICE arrests and detains your loved one, you will be worried, and your family will be met with a stressful situation. The United States immigration laws are stringent, and you must consult a reputable immigration bond agent when your loved one is facing immigration charges. You will want to secure your loved one's freedom as fast as possible and then deal with the legal issues leading to their detention.
Sometimes, you need someone who understands what you are going through as a family. At Brennan Immigration Bonds, we understand your stressful situation and will dedicate our time and resources to ensure you are reunited with your loved one. Our company understands the dynamics of families, and we will do everything possible to explore all the available legal options to reunite you and your loved one as quickly as possible.
You may be concerned and confused about bailing your loved one from an immigration detention center in Virginia. Questions like what an immigration bond procedure is, how long your loved one must remain at the detention center, or how you will pay for the immigration bond. We will answer all these questions and issues and help you tackle them.
Understanding Immigration Laws
The United States has immigration laws to guide you, your loved ones, and law enforcement agents on arrest, processing, and booking processes. These laws also allow you to post bond for loved ones, enabling DHS to release them, even on the same day they are detained.
When ICE arrests and sends an illegal immigrant into immigration custody, they will be detained at that facility until they have posted a bond or have been deported to their country of birth. Depending on the immigrant's charges, ICE or an immigration judge can order them to be deported out of the United States. Sometimes, detainees can appear before an immigration judge to plead their case. The immigration judge can decide to have the detainee post bond while their case continues. You can post bond, and if the judge sets it at an amount that you cannot afford, you should contact Brennan Immigration Bonds. We will give you options to make posting bond less stressful.
Booking Process of An Alien in Virginia
Understanding the process of posting a bond for your loved one upon ICE detention will be vital. Once ICE sends the alien into custody, they will start the booking process. DHS will then transfer the detainee to the correct facility. Sometimes, ICE may release your loved ones under personal recognizance, which means they will set them free without setting an immigration bond. However, if ICE or an immigration judge sets an immigration bond, you must post it in cash at the immigration facility or hire a reputable Virginia immigration bonds company to assist you.
Types of Virginia Immigration Bail Bonds
When your loved one is detained in Virginia, four types of immigration bonds are available to them. They are:
Delivery Immigration Bond
Delivery bond is one of the most common immigration bonds, and the ICE usually issues them to ensure the immigrant will comply with a deportation order. Your loved one will have to be an illegal immigrant detained by the DHS for this type of Virginia immigration bonds. To qualify for this type of bond, the alien must have an arrest warrant from the ICE. This immigration bond aims at having the arrestee appear for all their court hearings. Additionally, it allows immigrants to be with their families, and work in the U.S rather than spend time in detention.
Public Safety Bond
This immigration bond ensures that your loved one will not become a public charge and that the government will receive reimbursement if your loved one accepts public help.
Voluntary Departure Bond
Voluntary departure bonds ensure that the alien returns to their country of origin according to the conditions set by the immigration court. With this Virginia immigration bonds, the law allows your friend or loved one to leave the United States at their will and at their expense within the stipulated time. The government will fully refund your bail money after they depart from the country. However, if they forfeit their bond, the immigrant does not follow the court's order.
Order of Supervision Bond
For this type of Virginia immigration bonds, the aim is to ensure that the immigrant follows and performs per the conditions set by the court, and they surrender for removal if necessary.
Virginia Immigration Bonds Process
Your loved one’s immigration bond process will begin when the Department of Homeland Security officers (DHS) arrest them for being illegally in the U.S. The arresting officer will then take your loved one to the ICE for processing and booking. The arresting officer can either grant your friend or family an immigration bond. If the ICE officer gives your loved one an immigration bond, they will set the bond amount. However, if the ICE officer determines that your loved one is a flight risk, they will deny them an immigration bond.
You do not have to panic when ICE denies your loved one a bond; you can request an immigration bond hearing. An immigration judge may grant your loved one an immigration bond. You can also submit a request to the immigration judge if you feel that the ICE officers set the bond at an unreasonable amount. However, you should note that the immigration judge can either lower or increase the bond.
Understanding The Virginia Immigration Bonds Payment Process
In Virginia, an outside party known as Indemnitor pays the immigration bond. An Indemnitor is usually the detained immigrant's friend or family member. If you cannot post bond as the Indemnitor, you can contact an immigration bond company to post bond. Our agency will still require an indemnitor, only we do not have the restrictions that an ICE facility would have.
Qualifications of An Indemnitor
To qualify as an indemnitor with Brennan Immigration Bonds, you must:
- Be an adult, aged 18 years or older.
- Provide a phone number, email address and mailing address
- Bring your state-issued driving license.
If posting the bond directly with Immigration, you will need to:
- Be an adult
- Be a permanent resident or citizen
- Show proof of your status and/or naturalization documents
- Provide a copy of your passport
- Provide a cashier’s check for the entire amount of the bond.
The Role and Responsibilities of an Indemnitor Under Virginia Immigration Bond Laws
When DHS arrests and detains an alien, the person who signs the immigration bond agreement to secure the alien's release is known as the Indemnitor or Obligor. An Indemnitor signs the bond agreement allowing the detainee to leave the ICE detention facility. As an Indemnitor, when you sign the bond agreement, you will be taking the legal responsibility of ensuring the detainee appears during all their court hearings until the case' conclusion. You will also ensure that the immigrant follows all the court orders. Additionally, you will have to take the financial responsibility of securing the bonds.
Since immigration bonds are very complex and take 3-5 years to resolve, you will have to provide the immigration bond company with collateral to secure your loved one's release. You should note that your collateral will be returned once the defendant honors all their court hearings and meets the court's orders. However, if the detainee fails to comply with the court's directive or appear in court, you may lose your collateral as the immigration bondsman will use it to pay the court the total bond.
Therefore, you should know and trust a person before agreeing to act as their Indemnitor since both of you will face consequences if this person fails to comply with the terms and conditions of their bond.
The Role of Virginia Immigration Bond Companies
When an Indemnitor contracts a bondsman to post bond, the bond company becomes a obligor. By signing the Bond Agreement and providing collateral, you all giving permission to the bond agency to use your collateral to pay the bond if it should be forfeited. The bondsman assures DHS that the detainee will appear at the immigration court for their hearings and honor all their Notices to Appear (NTA).
As the Indemnitor, you must assure the immigration bonds company that your loved one or the alien will honor all their NTA's.
Once all relevant parties have signed the contract, the immigration bond company will post the detainee's bond. Upon the payment of the bond, ICE will release the detainee.
Arranging for a Virginia Immigration Bond
To secure the services of immigration bond companies, you as the Indemnitor must pay a premium fee and provide them with collateral. For a Virginia immigration bonds, the premium fee is 15% of the total amount of bond set by the ICE.
The immigration bondsman can accept collateral such as a credit cards or your property can be used as collateral. Using your home does not prevent you from selling it, making repairs or upgrades, nor does it have any impact on your credit or your current mortgage payments to your bank.
After contracting a Virginia agency, they will gather all the information regarding the immigrant and begin the bond process for your loved one. In most cases, the immigration bond company can post bond for the immigrant and have them free within a couple of hours. Brennan Immigration Bonds has the required license to post immigration bonds in all states in addition to our contract with ICE to post bond electronically through the eBond system. You decide how fast or slow the process goes, and we will follow your lead.
Having Your Immigration Bond Collateral Refunded
If you have decided to pay the bond directly with ICE, the government will refund your bond money when your loved one shows up for all their hearings and follows all the court orders. However, they stand to forfeit the bond money if they do not appear in court for their hearings or fail to comply with the court's orders. After the conclusion of the proceedings, you will receive a notice from ICE notifying you of the immigration bond cancellation. Receiving your money could take anywhere from a month to several months.
ICE will also send the immigration bond cancellation notice ( Form 1-391) to the DHS Debt Management Center. To receive a refund on your bond money, you will need to send the immigration cancellation notice(form 1-391) and the immigration bond receipt (form 1-305) to the DHS Debt Management Center. You should also include the original bond contract in your mailing if you have it.
If you made the very wise decision to have your bond posted by Brennan Immigration Bonds, you can rest easy. You are not required to chase any special documents or file any paperwork with the court. Once we receive the cancellation of bond, you will have your collateral in under 2 weeks.
If the case has been terminated but we have not received a cancellation, all we will need is a copy of the green card or proof of the detainee’s return to his/her birth country in order for us to request the cancellation of bond.
Notice to Appear (NTA)
Your loved one will receive the NTA notice in person, by mail, or the ICE can send it to your lawyer. When your loved one receives the NTA, they have up to ten days to appear before the immigration judge for their initial court hearing. Sometimes, an immigrant can waive this requirement, especially if they are in detention and cannot post their Virginia immigration bond.
Before appearing in an immigration court, the person should read, review, and ensure they understand the NTA. If your loved one finds a mistake, such as misspelled names or incorrect addresses, they should correct the mistake.
Skipping an Immigration Bond
Since bonding someone out of immigration detention is a huge responsibility, you might wonder what would happen if your loved one fails to comply with the conditions set by the immigration judge or the ICE officers.
If, for any reason, the alien fails to show up during their court hearings, becoming a fugitive, this will be a breach of the bail bond agreement. When this happens, ICE will send you Form 1-340, a Notice to Obligor to deliver to the Alien. ICE can send this form by certified mail with a return receipt requested.
Form 1-340 is a demand note that requires you to provide the bonded immigrant to the ICE office at a specified date and time. ICE will give you a couple of weeks to deliver the bonded immigrant from the time you receive from 1-340. This gives you ample time to locate the bonded immigrant. If you fail to locate and present the alien to the ICE offices at the requested time and date, they will send form 1-323, a notice of immigration bail bonds breach. When this happens, it means you will not have a refund on your bond collateral.
Owing the Immigration Bail Bonds Company
Failure to comply with the terms and conditions of the immigration bond by the bonded immigrant will leave you owing the bondsman the bond money they paid for the bond. The bond agency recovers these funds by using your collateral to pay the bond.
You paid the immigration bond company their premium fee of 15% when you contracted their services, which is non-refundable. Whatever collateral used to secure the bond, which normally would be returned, will now to used to pay ICE for the breached immigration bond.
Virginia ICE Detention Centers
There are several detention centers in Virginia; they include:
Caroline Detention Facility
The Virginia Peninsula Regional Jail
Farmville Detention Center
Contact an Immigration Bail Bonds Agent Near Me
Receiving a phone call from your loved one can brighten your day. However, receiving that phone call from an ICE detention center can be rather traumatic. Once you know what the immigration bond has been set at, contact Brennan Immigration Bonds right away. The faster we begin, the faster your loved one will be have their freedom. We will walk you through the entire process, explaining each step in detail and answering any questions you may have about immigration bonds.
Inquiring about the immigration bond process is crucial in understanding what is expected of you and your loved one. Sometimes you may be overwhelmed when receiving information about your loved ones' detention, thus forgetting to ask for crucial information regarding their immigration bonds. That’s okay! Our agents are hear for you at any time to make sure you are fully comfortable with the process.
If you have any questions, please contact us at Brennan Immigration Bonds. Our agents understand the process of posting a Virginia immigration bond for your loved one. Reach out to us today at 888-668-1588 and let us assist you in securing the release of your loved one.