Applying for an Immigration Bond
Every year there are thousands of immigrant detainees that are released from detention on nationwide immigration bonds. To find out if you are eligible for an immigration bail bond or get the lowest immigration bond possible, discuss your case personally with your immigration attorney who is experienced in handling deportation cases, such as one from US Immigration Bonds & Insurance Services, Inc.
In order to be eligible for an immigration bond, an individual must meet the following criteria:
- You cannot have committed or been convicted of a certain type of serious crime.
- You must not be an arriving alien, or a person who is applying for admission at a port of entry.
When you have a history of arrests and convictions, you must speak with an experienced immigration attorney about whether or not your past offenses or convictions will keep you from becoming eligible for an immigration bond. Keep in mind that even if the charge is expunged or dismissed they can still have immigration bond consequences. Even if you don’t believe that you are eligible for release with an immigration bond, you should still request an immigration bond hearing.
If you are eligible for an immigration bond, the decision is still up to the ICE and immigration judge to give you one. When applying for the bond, the first step should always be to check whether or not ICE has already set an immigration bond amount for an individual’s release. Oftentimes, ICE set cases initially at “no bond”, especially if they have a record of arrests and/or convictions.
Your immigration attorney can ask ICE to set a reasonable bond if one has not been set or the immigration bond is set too high. The attorney can submit documentary evidence with the request to show that the detained individual is not a threat to society and does not pose a flight risk.
In the chance that ICE still does not set a bond or it is still too high, your attorney can file a request for an immigration bond hearing with an immigration judge. At this point the immigration court will try to arrange a bond hearing as quickly as possible, which usually takes about 1-2 weeks. At the hearing the immigration judge will begin by addressing the preliminary issue, which is if the detainee is even eligible for an immigration bond.
The immigration judge will then consider any evidence determining that the detainee is dangerous or a flight risk. If available, the immigration attorney will present evidence that proves that there is a lack of serious criminal activity, the detainee is financially stable, has strong family and community ties in America, has lived in this country for many years, lacks a history of immigration violations, and has previously attended court.
Once you have been established as eligible for an immigration bond and the bond amount has been posted, you, your immigration attorney, or family member can call US Immigration Bonds to help put up the bond so that you can be released that same day.