What to Expect After an Immigration Bond is Cancelled

Navigating the United States’ immigration system is stressful, particularly when immigration bonds and Immigration and Customs Enforcement (ICE) are involved. Many people are relieved when they receive an immigration bond but it is important to note that while it does signal the end of a specific legal chapter, it can also raise new issues for the immigrant and their sponsor. Below, our Atlanta immigration lawyer explains what you need to know.

How to Receive a Refund for an Immigration Bond

After an immigration case is resolved, either through deportation, an individual voluntarily leaving the country or receiving legal status, ICE will cancel the bond. The obligor, or person who paid the bond, then qualifies for a refund. Certain documentation is needed to obtain a bond and it includes:

• Current government-issued photo identification
• A completed Form I-391, Notice of Immigration Bond Cancellation
• The original bond receipt

These documents must be presented to ICE’s Debt Management Center. Storing the original receipt securely is of the utmost importance. If you do not have it when trying to obtain a refund, it can delay the process due to complications that could have otherwise been avoided. In most cases, a check is then issued and sent to the address of the obligor that is on file.

When a Bond is Reinstated

There are times when ICE will reinstate a bond that has been cancelled. Typically, this happens if a case was considered closed but the immigration court reopened it, or if there was an administrative error. If this happens, ICE will send notification to the sponsor and their financial obligation becomes active once again. This is not a common situation but it showcases the importance of ensuring ICE has your updated information until you have officially received your refund.

Rights and Obligations After Release

An immigration bond being cancelled does not mean that the case is closed. It only means that the financial obligation of the sponsor has been terminated by the government. Immigrants still have the legal right to pursue their case, including attending all court hearings and contacting legal counsel. If your attorney or the immigration court has provided you with any instructions, it is critical that you follow them completely.

It is the obligation of the sponsor to ensure that the released individual attends all court hearings while the bond is still active. After the bond is terminated, however, this legal obligation also ends and the sponsor is no longer financially responsible if the individual fails to appear in court. Still, the practical and emotional support given to a loved one remains an invaluable part of the support provided by the sponsor.

Our Immigration Lawyer in Atlanta Can Provide the Legal Advice You Need 

Navigating the process of an immigration bond can be complicated, but you do not have to do it alone. To discuss your needs and case, please call our Atlanta immigration lawyer at Shirazi Immigration Law, Inc. today at 404-523-3611 to schedule a consultation. We serve clients in Atlanta, Moultrie, and Dalton, GA and Chattanooga, TN.

Source:

ice.gov/detain/detention-management/bonds