When someone is arrested for immigration-related reasons in the United States, a bond can be paid to ensure their release while awaiting hearings.
However, once the immigration case is closed, many people wonder how they can recover the money from that bond. In today’s article, we explain the steps you need to follow to make sure you get your immigration bond money back.
- Verify that the Immigration Case is Fully Closed
Before you can request the return of your immigration bond, it is crucial to ensure that the immigration case has been fully closed. This means that the detained person has complied with all the bond conditions, including attending all required hearings and following court orders.
An immigration case is considered closed when the immigrant has received a final decision, whether it’s deportation, adjustment of status, or any other resolution. - Receive the Notice of Bond Cancellation (Form I-391)
Once the case is closed and all conditions have been met, the Department of Homeland Security (DHS) will send a Notice of Bond Cancellation (Form I-391) to the bond payer.
This form is crucial, as it certifies that all bond conditions have been met and that the money can be returned. It is important that the bond payer keeps a copy of this document, as it will be necessary to request the return of the money. - Preparation and Submission of Required Documents
To request the bond refund, you must send Form I-391 along with the original bond receipt, known as Form I-305. Both documents must be sent to the DHS Immigration Bond Office. It is recommended to make a copy of all documents before sending them to keep a record in case there are issues or delays in the process. - Be Aware of Processing Times
Processing times for bond refunds can vary, but it generally takes between 30 and 90 days. During this time, DHS will review your request and process the return of the money. It is important to be patient, but also prepared to follow up if the processing time exceeds expectations. - Follow Up if Necessary
If you have not received your money after a reasonable amount of time, it is advisable to contact the DHS Immigration Bond Office to check the status of your request. It is helpful to have all relevant documents on hand and to be prepared to provide additional information if necessary. Remember that the bond refund is generally made in the same form it was paid, whether by check or direct deposit, and it is returned to the original bond payer. - Consider Legal Assistance
If you encounter difficulties in the process or have questions about how to proceed, it may be helpful to consult an immigration attorney. A lawyer can offer advice and help you navigate the process to ensure you recover your money as quickly as possible.
In general, getting a bond refund can be a relatively straightforward process if the correct steps are followed and all the conditions of the immigration case are met.
However, complications may arise along the way, so it is essential to receive specialized legal advice. At Saavedra & Perez Law, we are here to help you through every step of the immigration process, including bond recovery. If you need assistance or have additional questions, feel free to contact us. We are with you every step of the way!