How to Post an Immigration Bail Bond
When an immigrant is arrested by the Immigration and Naturalization Service (INS), he may be eligible for release on a type of bail known as an immigration bail bond. The amount of the bond is set by the INS and is considered an assurance that the arrested immigrant will appear before the INS or court on the date of his immigration proceedings. The process by which to post an immigration bail bond is slightly different than posting a typical bail bond.
Other People Are Reading
Things You'll Need
- Cash bond or immigration bail bondsman
- Collateral/bond fee
- Alien/immigrant's name
- Alien/immigrant's registration number
Instructions
-
-
1
Determine whether the immigrant (or alien) is eligible for an immigration bail bond. The INS decides whether an immigrant can be released on bond by examining whether it's likely that the defendant will appear at his proceedings and whether or not he is a danger to the general public.
-
2
Ask the amount of the immigration bail bond. You may be able to post the amount of a low bail bond in cash. In that case, the immigrant will be released from INS custody once the bail bond is paid directly to the INS.
-
-
3
Check with the INS to see under what circumstances the cash bond will be returned to the person who posted it. In most situations, the money will be returned in full after the immigrant has fulfilled his legal obligations.
-
4
Retain the services of an immigration bail bondsman if you are unable to post the cash amount. Immigration bondsmen work for private companies that post bail for nonrefundable charges, which are paid and cosigned for by someone other than the detained alien. Some agencies charge annual fees until the money is returned from the INS and may ask for collateral in addition to the fees.
-
5
Ensure that the immigration bail bond agency holds a special-casualty license in addition to the regular-bondsman license. An immigration bondsman must be registered with the federal government and hold a different type of insurance. Your state's Division of Insurance can confirm whether the bondsman is qualified.
-
6
Expect to forfeit your bond, fee or collateral if the defendant does not appear at his proceedings. Being released on bond constitutes an agreement to that condition.
-
1
Tips & Warnings
Provide the bondsman and INS with the immigrant's name, his registration number and the name of the place where he is being held in order to assure a timely release.
Beware that being granted an immigration bail bond doesn't protect an alien from the deportation process. It merely allows him to be out of INS custody.
