The US law and constitution is quite strict on immigration issues. If the citizenship status lapses or you violate legal limits to remain an US citizen, arrest and prosecution will follow. The Immigration and Customs Enforcement branch of Department of Homeland Security can detain you and put in custody. In this situation, you can apply for an immigration bail bond.
Basics of Immigration Bail Bond
The immigration bond is a legal option to release a person in custody for immigration detention. Typically, licensed bond agencies do the needful for releasing an accused in these situations. You need to understand that obtaining bail does not equate to withdrawal of the charges. You still need to resort to legal means to obtain citizenship status in the USA. It lets you walk out of the prison with some conditions while the case is in progress. After getting released in this process, you have to appear for court hearings and report to the immigration officials when required.
Eligibility for Immigration Bail bonds
Not everyone accused of immigration charges can apply for release after depositing security money as per the US law. There are some conditions which prohibit issuance of immigration bail bond to an applicant.
• If you had previously received order for deporting, you cannot get a bail bond for immigration charges.
• If you have criminal records like serving prison term for felony, you may be deemed ineligible for this.
• People considered risky to the community and national security can be denied release through security deposits post arrest.
Two Types of Immigration Bonds
As it is, persons caught for immigration charges by the ICE can opt for either of two methods- Voluntary departure bond and Delivery bond.
Delivery bond can be availed by a person who is accused of being an illegal immigrant and under ICE detention. It is issued on the condition the person will show up at all immigration hearings. To apply for it, you need to possess notice of custody conditions and an arrest warrant.
The Voluntary departure bond allows the detainee to leave the country at personal expense within a timeframe. The departure bond, to be paid to the ICE is refundable post departure. However, the money will get forfeited if the detainee does not leave.
Cost of Immigration Bail Bonds
The amount is set either by an immigration judge or the ICE. Factors like immigration status of the detainee, his or her criminal history, employment status can result in increase or reduction of the amount. If the judge thinks releasing you on bail would be risky, the amount can shot up to $10,000. The minimum amount is $1,500 for a delivery bond and $500 for a departure bond in general.
Role of Immigration Bond Agents
When you get arrested for immigration issues in the USA, services of professional bond agents can be useful. They can help you obtain such bonds in the apt way and inform you about legal nuances. However, you need to find out information about legal capacity of the agent before seeking service.