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How to Return Immigration Bond Money

Author: New York Deportation Attorney Alena Shautsova

Immigration bond is often posted by friends or family of a non-citizen who was detained by ICE in connection with immigration proceedings. The bond money sum may vary from $1500 and up. Sometimes it reaches $25,000. There is no maximum amount that can be established for the Immigration bond.

Very often, after the Immigration case is resolved, the person who posted the bond is looking for a way how to return the immigration bond money and has difficulties in figuring out the procedure.

Here is how to return your Immigration bond money:

  • Only the person who posted the bond may get the money back. You need to keep all original receipts for the posted money.
  • To collect the posted money, ICE has to cancel the bond. Usually, they will cancel the bond only when a non-citizen is in some kind of lawful status or departs the country.
  • A person who posted the bond should call ERO (Enforcement of Removal Operations office) and advise of the alien’s now legal status and ask if the bond can be cancelled. When an immigration bond is cancelled, the Immigration and Customs Enforcement, Office of Enforcement and Removal Operations, notifies the Debt Management Center and the obligor of the bond cancellation via a Notice Immigration Bond Cancelled Form (I-391).
  • If they agree to cancel, then wait a few days and call  DHS, Debt Mgmt. Center., phone 866 233-1915, fax 802 288-1226 (P.O. Box 5000, Williston, VT 05495-5000) to confirm that bond was cancelled and ask for instructions on what to send to get the money back.
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  • There are a list of documents they will ask to produce, including original cash receipt Form (I-305).
  • Once the appropriate forms have been received and processed by the Debt Management Center, the person who posted the bond should receive a refund of the principal bond amount and any interest accrued during the life of the bond.

This is a general guide on returning the Immigration bond. While the obligators often do not need an attorney to return the money back, the non-citizen on behalf of whom the bond is posted often is required immigration attorney’s help to get the point that entitles him/her to ask for cancellation of the bond.

You may direct your immigration questions to the author at 917-885-2261.

26 October 2013
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