Learning that your loved one has been arrested and detained by ICE is nerve-wracking. The outcome of an immigration case could include severe actions like deportation or inadmissibility. Spending time in detention takes away the person’s time with their family and prevents a person from working to maintain their household. Fortunately, most immigrants held by ICE are granted an immigration bond. An immigration bond is an amount deposited with ICE offices to guarantee that the immigrant will appear for the immigration case proceedings.
You can pay an immigration bond in cash or through an immigration bond. Since immigration bond amounts are very high, most people opt to seek the services of a bail bond company. Even for smaller bonds, there are plenty of benefits to using an immigration bond company. Once the immigration bond agent posts the bond for a defendant, they shoulder the responsibility of ensuring that the defendant will appear for the immigration court proceedings. At Brennan Immigration Bonds, we understand the urgency of securing your loved one’s release. Our North Carolina Immigration Bonds Agents will ensure a quick and convenient release. Another benefit of hiring a bond agency is having a knowledgeable person to call throughout the duration of the case. You will never be alone in trying to navigate the confusing immigration system. Instead, for any questions or concerns along the way, you have someone willing to do all of the leg-work, to communicate with ICE officers and administration and who can give you regular updates on the immigration case. Any collateral being held is promptly returned upon the cancellation of bond, so you will not have to suffer through any delays to get your money or home released. With Brennan Immigration Bonds, your collateral is typically returned in less than 2 weeks upon termination of your case.
What is an Immigration Bond?
As the immigration and Customs Enforcement continue to enforce the strict immigration laws, more immigrants are subject to detention at the immigration offices for various violations. If ICE detains you, you would typically remain in custody, awaiting your immigration case hearing. However, in most cases, you can secure a release through different types of immigration bonds in order to remain at home with your family and to not have your life otherwise interrupted. It is also an option to leave the country to avoid the consequences of your violation. Even in this case, any collateral used to secure your bond will be returned upon receipt of proof from the consulate or embassy that the immigrant is residing in their country of birth.
An immigration bond is the amount of money used to secure a release for foreign detainees. Posting the bond guarantees that the bonded person will return to court for their immigration court proceedings. An ICE officer or immigration judge sets your immigration bond based on the risk classification assessment. There are two significant ways through which you can post your immigration bond:
Cash bond
If you have the financial resources, you or your family can post a cash bond. This involves paying the total amount of the delivery or voluntary departure bond. Once you have appeared for all your proceedings, the bond money is fully refunded. This is a viable option for those who are familiar enough with the immigration process to not require much guidance through the process, and those who will not be affected by either having funds or a house tied up as collateral, or, at worst, losing any collateral used to secure the bond. Should the bond be forfeited, ICE will not make any efforts to locate a detainee who has missed a hearing, nor will they assist in getting documentation from the consulate or embassy. You will require the help of an immigration bond agent or an immigration attorney.
Surety bond
By enlisting the services of a surety bond company, you will receive the help you need to secure release. An immigration bond is a contract between an indemnitor (person paying and signing for the bond), the immigration bond company, and Homeland Security. When you use the services of a North Carolina Immigration Bonds agent, the surety bond company is responsible for ensuring that the detainee will return for any case proceedings.
The bond agent will charge you a non-refundable 15% fee for their services. Because the risk is higher for immigration cases, the bail bond premium is higher than the 10% state premium for bonds. When you contact a bond company seeking help to post an immigration bond, the bond agent will assess the defendant’s flight risk and risk to community safety. Your ability to pay for the bail bond services is also crucial when determining your eligibility.
Once your eligibility is ascertained and all the documents prepared, you will sign a contract, and the bondsman posts the immigration bond securing your loved one’s release. The immigration bond posting process can take several hours. Therefore, you must contact the company as soon as you learn of the arrest.
Common Types of Immigration Bonds
When ICE detains your loved one or friend, there are several types of immigration bonds you can explore to secure their release from custody, including:
Delivery Bond
Although immigrants are not US citizens, most alien defendants detained by ICE have a right to secure a release on a delivery bond. You must meet the eligibility criteria to ensure a release on an immigration bond in North Carolina. After posting a delivery bond, you receive a temporary release with the understanding that you will appear in court for your immigration case court proceedings.
After your release on the delivery bond, you can hire an attorney to help you obtain legal status in the United States. The benefit of meeting with your lawyer outside of ICE facilities is that you have the privacy of sharing all information and are able to contact your attorney at any time.
Voluntary Departure Bond
If you decide to leave the United States at your own cost after detention by ICE, the court will grant you a voluntary departure bond. This immigration bond renders void the need to remove you from the US forcefully. However, the court needs you to depart within a particular time, failure to do so makes you vulnerable to a re-arrest and lengthy detention. You can recover your bond money if you leave within the agreed time.
Public Charge Bond
A public charge bond is required from applicants who haven’t demonstrated an ability to support themselves. A public charge bond ensures that an alien does not receive assistance from the government. You can submit a public charge bond by filing form I-945. If granted the public charge bond, you are not eligible for any benefits until your bond is canceled. Therefore, receiving these benefits means that you have violated the bond.
Order of Supervision Bond
A supervision order is issued to individuals who await an immigration court hearing or order of deportation. The order of supervision for the immigration official is to track an alien’s movements and detect flight risk instead of remaining in ICE detention. This order allows your freedom. However, you must adhere to all set conditions and regularly meet with an ICE representative.
Eligibility Criteria for an Immigration Bond
Not all individuals detained by ICE are eligible for release on an immigration bond. In some cases, the court will hold a bond hearing before your release on bond. During a bond hearing, the defendant may be required to present a letter from their sponsor. A sponsor, in this case, should be a permanent resident of the US, and the letter must indicate a valid address. The letter from your sponsor stipulates how they know a detainee and states that the sponsor will be providing housing and other assistance for the detainee until legal status is obtained.
In addition to a sponsor letter, an illegal immigrant must collect as much evidence as possible to establish ties to the community and obedience to state and federal laws. When ICE detains you, the immigration judge or a deportation officer sets your bond amount. The judge can deny or grant you a bond depending on the following factors:
Your Flight Risk
Immigration cases are more complex than state criminal cases. While a resident of the United States could flee to another State, the efforts to capture them are easy. However, with illegal immigrants, it is easy to flee back to their country to avoid the consequences of their actions. Therefore, the immigration judge will grant your bond if you did not pose a risk of flight. Several factors can help determine your likelihood of flight, including:
- Community ties. A person with solid community ties like a family or a stable job in the United States is less likely to flee after securing an immigration bond.
- The seriousness of the immigration violation. If your violations are severe and the risk of deportation is high, you could be tempted to flee after posting bond. Therefore, the judge may lean towards denying your bond.
Community Safety
While a release on bond allows you to move on with your life as you want for your immigration court proceedings, the judge works to ensure that you do not pose a danger to community members. The judge determines whether or not you pose a risk to others by assessing the reasons for your detention and your criminal history. A history of convictions for violent crimes could hurt your chances of securing a release on an immigration bond.
In addition to checking your criminal record, the judge will look into the success of past attempts at rehabilitation. If you prove that you have not changed your criminal behaviors, you could suffer an immigration bond denial.
Your Likelihood of Winning the Case
If the judge feels anticipates your full compliance and trusts that your goal is to become a permanent resident, they will grant you a lower bond.
Appealing a High Immigration Bond Amount
After the immigration judge has set the initial bond amount, the immigrant can request a reduction of the amount. You can request to reduce your bond by writing to the judge or at your bond hearing. If the judge wishes to hold your bond hearing together with a master hearing, you can request a separate bond hearing. With this motion, you must state the factors that warrant a bond reduction.
As you request to reduce your bond, you must gather evidence such as your marriage certificate, proof of income, and taxes. This evidence will help you prove that you are not a flight risk. Additionally, a family member can present evidence to support your claim of having strong family ties in the United States. The judge makes a final order after assessing the petition. The amount indicated in the last order will not change unless circumstances change in your case.
Premiums and Collateral for an Immigration Bail Bond
Although using an immigration bond to secure a release lessens the financial burden of posting a cash bond, you must pay the 15% premium for the bond services. When you post your loved one’s immigration bond with the help of a North Carolina bail bonds agent, every effort is made to find an option that makes payment easy and convenient for families and loved ones.
Hiring a North Carolina Immigration Bonds Agent
Immigration judges set a high bond amount for immigration cases. Posting cash bail, in this case, might be impossible. By seeking the services of an immigration bond agency, you will ensure a quick and less costly release of your loved one. With many bond companies claiming to be the best, you must be careful when choosing an immigration bond company. Factors you should consider when hiring an immigration bond agent include:
- Speed of service. If your loved one or friend is held at the immigration offices, you want to ensure they are released as soon as possible. A competent immigration bonds agent must operate 24/7. This ensures that whenever you need their services or call the offices, you have someone to answer and help with your situation.
- Licensing. Knowing that your North Carolina immigration bonds agent is specifically licensed is crucial in your bond process. You can trust that a licensed professional can navigate the process and offer the bond money. By choosing a licensed immigration bond agent, you eliminate the need to speak to several agencies who will only refer you to a licensed agent.
- Specialization. The process of securing an immigration bond varies from one of a state or federal bond. Since the issues surrounding immigration bonds are complicated, it is vital to work with a company specializing in immigration bonds. Choosing your agent based on specialization gives you confidence in their understanding of the court systems.
- Professionalism. If this is your first time dealing with an immigration bond, you may have many questions about the process. A suitable agent should be able to walk with you through every step of ensuring your loved one’s release from detention.
- Check for reviews. A good immigration bonds company is bound to have a good reputation. You can learn from the experience of individuals who have worked with the company by checking online reviews. When checking these reviews, you should concentrate on aspects such as premium fees, timely responses, and the availability of agents.
- Communication. The uncertainty of the situation where your loved one is being detained by ICE is overwhelming. When hiring an immigration bonds agent to post their bond, you want an agent who can communicate every aspect of the process with you. This allows you to stay in the light and know what to expect in the situation.
After an arrest by ICE in North Carolina, you could end up in any of these facilities:
Alamance County Detention
Wake County Detention Center
Iredell County Detention Center
Find a Competent Immigration Bail Bond Agent Near Me
The aim of posting bonds is to make a guarantee to the courts that the individuals will appear for scheduled proceedings upon a release from custody.
A North Carolina Immigration Bonds agent at Brennan Immigration Bonds will assess your situation and discuss options to secure your loved one’s release. At Brennan Immigration Bonds, we will provide you with expert guidance you need to post a bond for your loved one in North Carolina. Contact us today at 888-668-1588.