Immigration bonds are a sum of money put up by a noncitizen who is in immigration detention. This sum will be paid back if the detainee shows up to all of his or her court dates and other scheduled meetings with United States immigration authorities. There are two different types of immigration bonds:
Whether or not you are eligible for a bond, and how much the bond will cost, will depend on several factors. Such factors include:
The presence or absence of a criminal record is a significant factor in qualifying for bond. If you have never been charged with any criminal offense, this is likely not an issue. If you do have a criminal record, you may still qualify for bond despite being convicted of certain criminal offenses if the crime was committed over five years ago when you were under 18 years of age, or if you were sentenced to six months or less in custody. You might also qualify for a bond if you were convicted but received probation instead of jail time. Talk to your immigration lawyer to see if you qualify for any of these exemptions.
Delivery bonds range from $1,500 to $10,000, while departure bonds can be as low as $500. The higher your flight risk, the higher the bond amount. It takes about a year to get your refund.
After ICE sets the bond amount, anyone in the United States lawfully can pay the bond—a friend, family member, employer, sponsor, or otherwise. Sometimes the amount can be too high for anyone you know to pay, and you may be able to reduce the bond amount. To do so, you can ask for a bond hearing at any time during your detainment. You can ask for a lower bond amount, or even go so far as to ask to be released on your own “recognizance,” meaning you won’t have to pay any money – but, be prepared for the judge to raise your bond amount, or to not allow you to be released on a bond altogether. A good attorney is essential in these situations.
Bond hearings are separate from your immigration hearings, and the result of your bond hearing has no ultimate effect on the result of your immigration hearing. The bond hearing is about your eligibility for release pending your removal proceedings; and the immigration hearing is about whether you will be allowed to stay in the United States or not.
At your bond hearing, be sure to provide the complete address at which you intend to stay, and not a P.O. Box. The judge will not lower your bond otherwise.
Even if you can’t lower your bond, you can still fight your case against removal with the help of an immigration attorney. Certain law firms, such as Pollack, Pollack, Isaac & DeCicco, LLP, will even assist you in posting the bond and getting you out of detention, while preparing a deportation defense for you.
Once the bond is paid, you must attend all your immigration hearings. Even if, thanks to a delivery bond, you are allowed to leave the detention center before your case is over, your case will continue. Using the address you give, the court will mail you a letter informing you of the time, date, and location of your next hearing. Should you move to a new home or apartment, be sure to inform the Immigration Court and the U.S. Department of Homeland Security of your new address so that you can still receive any papers they send you.
It is essential that you show up at your court dates. Missing a hearing can result in you being ordered removed in your absence. If you are removed from the United States, you may be barred from returning to the United States for five years at minimum; forever at maximum. You might also lose your right to apply for any other removal relief, such as asylum.
If you or a loved one has been arrested or detained for immigration reasons, our skilled lawyers at Pollack, Pollack, Isaac & DeCicco, LLP, may be able to assist. We have helped countless immigrants assert their rights and secure their release from detention. We’ll literally meet you at the airport – or the border – to fight for your rights. Call our law offices at 646-779-2896 to speak to a tough and experienced New York immigration bond attorney today.