In the event you are detained by Immigration and Customs Enforcement, you can be held in a detention facility until you are able to appear before a judge. However, you may be eligible for an immigration bond to leave the facility until your scheduled hearing. If you’re unsure what immigration bonds are or how to obtain one, you’ll want to keep reading. The following blog explores these matters in further detail, including the importance of working with Virginia immigration lawyers to explore your legal options during these difficult times.
What Are Immigration Bonds?
In most instances, non-citizens are held in a detention facility if they are caught attempting to enter the country without the proper documentation or if they overstay a visa. However, someone can also end up in a holding facility if they commit a crime in the United States while on a visa or otherwise in the country without adequate documentation. Generally, these holding facilities are intended to determine someone’s status or potential deportation.
However, while being held in one of these facilities, you may be eligible for an immigration bond. Essentially, a bond acts as collateral for your release, as it serves to guarantee that you will return for all scheduled hearings. Failure to attend a hearing results in the forfeiture of the funds paid. Similarly, you’ll need to ensure that you adhere to the conditions of your release, which generally entail staying out of legal trouble, checking in as scheduled, and remaining in the area of your home.
If you are eligible for a bond and follow all conditions of your release, including appearing at all scheduled court dates, you will receive a full refund for the bond amount, regardless of the outcome of your case.
How Do I Obtain One?
Unfortunately, it’s imperative to understand that not every person held in an immigration detention center is eligible for an immigration bond. However, there are two options you may pursue. The first is to request a bond from ICE. If they grant the bond and you can afford the amount, you can pay it and be released. However, they may also deny it or set an amount that is far too high.
You can also request a bond from the judge assigned to your case. However, you must prove that you are eligible for a bond, which typically means that you are not a flight risk nor a danger to the community. If approved, you may be granted a bond. Additionally, the judge can raise or lower the amount established by ICE, depending on your unique circumstances.
You should note that in the event you are unable to afford the bond amount, someone else can post it on your behalf, like a friend, family member, or bail bond company.
Being held in an immigration detention center can be overwhelming. That is why it’s imperative to connect with an experienced attorney at Goel & Anderson to help you during these matters. Our team is dedicated to fighting for the best possible outcome for you. As such, do not hesitate to contact us today if you are in legal trouble.
