This week in my column in La Opinión I answer questions from readers. Here I provide general answers to your questions. Each case is different, so you should consult a lawyer for personalized legal advice.
I won my permanent residency in immigration court. How can my wife recover the $$8,000 bond she gave while in deportation proceedings? -Jorge L.
Your wife must contact U.S. Immigration and Customs Enforcement (ICE) and show them the order from the judge who granted you permanent residence. She must also ask ICE to authorize the cancellation of your bond and get her money back.
Upon approval of your application, ICE will send Form I-391 (Notice - Immigration Bond Cancelled) to your spouse and the U.S. Department of Homeland Security (DHS) Debt Management Center.
Your wife will then have to send Form I-391, the original Form I-305 (Receipt of DHS Official - US Cash Accepted as Security) and a copy of Form I-352 (Bond Contract) to the following address: Debt Management Center, U.S. Department of Homeland Security, Attention: Bond Unit, P.O. Box 5000, Williston, VT 05495-5000. Your wife should have been given forms I-305 and I-352 when she paid the bond money.
If your wife does not have the original Form I-305, she will need to send the notarized Form I-395 (Affidavit in Lieu of Lost Receipt of United States ICE for Collateral Accepted as Security) to the Debt Management Center. You can find the Form I-395 at the following website: www.ice.gov/news/library/forms/.
Once the appropriate forms are processed by the Debt Management Center, your wife will receive a refund of the initial bond amount and interest accrued during the time the bond was in effect.
My son did not show up for his last immigration court hearing and now has a deportation order. Is there any way I can recover the bond I gave to get him out of ICE custody? -Roxana M.
You will not be able to recover the money you gave as bond because your child violated the terms of the bond contract. However, you can ask ICE to pay you the interest that the bond earned while it was in effect.
