When a friend or family member is detained by the Immigration and Customs Enforcement (ICE) agency, often they are eligible for release through an immigration bond. To secure the bond; however, there must be a designated immigration bond sponsor. This person must be a U.S. citizen or permanent legal resident and will be required to make the bond payment at a local ICE facility before the immigrant is released from detainment. After the immigrant is released and their case concludes in court, the sponsor may receive notice that the bond has been canceled. So, what does immigration bond canceled mean?
For starters, it is important to understand how immigration bonds work. Many family members and loved ones are quick to pay the amount of the bond to ensure the release of the immigrant, but the initial release is not the end of the immigrant’s involvement with ICE. After they are released from detainment, they can return back home to their loved ones, but they must abide by all of the stipulations set forth in the bond agreement. These obligations may vary from case to case, but generally, the immigrant must avoid being involved in any criminal activities and must appear at all future court hearings regarding their immigration case. If they do not, they can be detained once again and held until their case resolves. Fortunately, this is not the case when a sponsor receives notice that an immigration bond has been canceled.
When one learns that an immigration bond has been canceled, it typically means that the immigrant’s case has concluded in court. Whether they were removed from the country, awarded asylum or able to remain in the U.S., a decision has been reached which means that there is no longer a needed for an immigration bond. At this point, if the immigrant has abided by the terms of the bond, the immigration bond sponsor is eligible for a refund if they paid the full bond amount in cash. Note that if a bail bond service for immigration was used, the sponsor is not eligible for a refund for any money paid to the company.
Those who are eligible for a refund will receive a I-391 form, or a Notice of Immigration Bond Canceled. This paper is crucial for receiving a bond refund and must be sent along with a Form I-305, or Receipt of Immigration Officer and a letter requesting the refund, to the State Debt Management Center. Once these forms are received by the State Debt Management Center, it will be processed, and the refund will be sent to the immigration bond sponsor in the form of a check. The process typically takes around 4 weeks.
Those who do not receive a Notice of Immigration Bond Canceled form are likely not eligible to receive a refund due to a breached bond. If the immigrant left the country before their case concluded; however, sponsors may still be eligible for an immigration bond refund. If you have questions regarding your specific circumstances or want to learn more about what does immigration bond canceled mean, reach out to us today to see how we can help.