Do I Need a Lawyer to Get an Immigration Bond?

Immigrants who overstay their Visas or fail to have proper documentation when entering the country may be arrested by the Immigration and Customs Enforcement (ICE) agency. After this initial arrest, they will be detained in an ICE facility or contracted prison while their case pends in the immigration court system. Because these detainments often mean separating families and isolating the immigrant, loved ones strive to get them released as quickly as possible. The simplest way to do this is through a bond. Those who are unfamiliar with the ICE process have a lot of questions when it comes to securing a bond. A common question is: do I need a lawyer to get an immigration bond?

Fortunately, there is usually no need to seek costly legal representation in order to get an immigration bond. This is because the ICE agency will quickly determine an immigrant’s eligibility after they have been processed into their system. They will begin by evaluating the immigrant’s circumstances, like their employment and criminal history, their family ties, and how long they have been in the country. If these factors are viewed favorably and present little risk in the eyes of the agency, they will grant release through a bond. They will use these same factors to set the price. Afterward, a loved one must simply pay the specified amount to secure the release of the immigrant from detainment.

When it comes to those who are denied an immigration bond, it may be helpful to seek legal expertise. A skilled lawyer might be able to work with the immigrant to have the bond status reconsidered more successfully than they would on their own. Unfortunately, legal counsel may not be helpful in certain scenarios. Those who are viewed as a risk to national security or those with certain criminal charges may be subject to mandatory detention. This means that, by law, they are required to remain in ICE custody until an Immigration Judge (IJ) makes a final ruling in their case. Likewise, those with previous deportations on their record or those who just arrived in the country may be removed from the country through the expedited removal process. In this situation, it is difficult to overturn the decisions of the court.

Those who are eligible for a bond may also find it helpful to speak to an experienced immigration lawyer to determine which type of bond to pursue. Delivery bonds are the most common and allow the immigrant the opportunity to fight to stay in the country. Unfortunately, if they are unsuccessful, they will be deported and unable to return to the country in the future. A departure bond is another option, but the immigrant forfeits their right to have their case heard before a judge. Instead, they agree to leave the country voluntarily within a specified timeframe determined by ICE. While this is not ideal, it does eliminate the risk of a removal on their record. Without an official removal on record, it is possible that the immigrant could return to the United States after 10 years or more. In either case, the decision to seek legal counsel is entirely up to the immigrant and their loved ones. 

If you or a loved one is in need of assistance in securing an immigration bond, reach out to the experts at US Immigration Bonds today. We are happy to answer any questions you may have and guide you throughout the bond process.