My Immigration Case is Over, I Have Done My Part, Now How Do I Get Back Money Posted For Bond
Posted by: ScottMond Law Firm
September 19, 2011
Topic: Deportation & Detainment
Our clients often have questions about how to request their bond back from ICE-Department of Homeland Security after being in Deportation or Removal Immigration Proceedings. While the immigration attorney is not involved in this process nor influences it, the purpose of this article is to provide some guidance on the issue.
First, it is important to understand that a client will not be able to get back their bond until the their case is actually closed with the U.S. Immigration court AND all terms are complied with. There are a couple scenarios in which a bond will be granted by a U.S. immigration judge. First, in case of voluntary departure; and also in the case where a client has a plausible case (relief) in a U.S. immigration court, and the judge deems the client is not a flight risk. The judge in this instance, will grant bond during the litigation of the removal case. The rules for either of these scenarios slightly vary. However, below are some basic steps for clients to get their bond returned at the very end of an immigration case.
The detained Client or Voluntary Departure Client (“Client”) had to have choosen an Obligor for their bond. (Client and Obligor are two different parties). The bond will be returned to the Obligor regardless of which party actually puts up the cash.
Next, Complete form I-210 with ICE/DHS. In the case of voluntary departure, when Client arrives back to his or her home country submit form I-210.
Finally, Client also sends a copy of the completed Form I-210 to the Obligor in the United States, if applicable. The Obligor will then go to ICE/DHS in the U.S. with the original receipt and completed from I-210 and any other form ICE may require.
Actually qualifying for bond in a U.S. Immigration Court is a complex legal qualification and requires a U.S. immigration attorney. However, the actual procedure of retrieving back bond monies, is best dealt with directly with ICE/DHS. The above is a general guide and will hopefully help assist in successfully retrieving back your bond paid to ICE/DHS.