[et_pb_section fb_built="1" _builder_version="3.22"][et_pb_row _builder_version="3.25" background_size="initial" background_position="top_left" background_repeat="repeat"][et_pb_column type="4_4" _builder_version="3.25" custom_padding="||||" custom_padding__hover="||||"][et_pb_text _builder_version="4.8.1" background_size="initial" background_position="top_left" background_repeat="repeat" hover_enabled="0" sticky_enabled="0"]In this week's Consulta Migratoria® column I answer a question from a reader who wants to know how to recover an immigration bond.
Each case is different and the answers vary depending on the immigration history of each person. Here I provide general answers to your questions. Please consult with an immigration attorney to receive personalized legal advice before beginning any process.
This is the column:
I live in Chicago and I was recently granted permanent residency by an immigration judge. My uncle previously posted a bond of $6,500 so that I could be free while my deportation case was pending. How can my uncle recover the bond he posted for me? -Doris A.
Doris, congratulations on winning your case in immigration court.
Your uncle must contact the local U.S. Immigration and Customs Enforcement (ICE) office and show them the order from the judge who granted you permanent residence. He must also ask ICE to authorize the cancellation of your bond and get his money back.
Upon approval of your request, ICE will send Form I-391, Notice - Immigration Bond Cancelled, to your uncle and to the Debt Management Center of the U.S. Department of Homeland Security (DHS).
Your uncle will then need 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
Attention: Bond Unit
P.O. Box 5000
Williston, VT 05495-5000
ICE should have given your uncle Forms I-305 and I-352 when he paid the bond money.
If your uncle does not have the original Form I-305, he will need to send the notarized Form I-395, Affidavit in Lieu of Lost Receipt of United States ICE for Collateral Accepted as Security (Affidavit in Lieu of Lost Receipt of United States ICE for Collateral Accepted as Security), to the Debt Management Center. You can find Form I-395 and other ICE forms at the following website: https://www.ice.gov/news/library/forms/.
Once the appropriate forms are processed by the Debt Management Center, your uncle will receive a refund of the initial bond amount and interest accrued during the time the bond was in effect.
I recommend that you send the documents to the Debt Management Center using a courier service with delivery receipt, which allows you to know when the documents arrived at their destination and who received them.
The bond recovery process will take several weeks. While waiting for a response, you can call (802) 288-7600 to inquire about the status of your application to recover your immigration bond.
For more information and immigration tips, read my blog inmigracionhoy.com .
Send your questions to preguntas@consultamigratoria.com. Include detailed information about your situation to better answer your questions.
Nelson A. Castillo, Esq. is an immigration attorney and author of La Tarjeta Verde: Cómo Obtener la Residencia Permanente en los Estados Unidos (Green Card: How to Obtain Permanent Residence in the United States). He is a past President of the Hispanic National Bar Association and current President of the Los Angeles Westlake South Neighborhood Council. Dr. Castillo's office can be reached at (213) 537-VISA (8472).[/et_pb_text][/et_pb_column][/et_pb_row][/et_pb_section].
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