In my this week's Consulta Migratoria® column I am answering a question from a reader who wants to help a family member recover an immigration bond.
Each case is different and the answers vary depending on each person's immigration history.
Here I provide general answers to your questions. Please consult with an immigration attorney to receive personalized legal advice before starting any procedure.
A family member was applying for asylum and during the process married a U.S. citizen. Immigration then told him that he had to cancel the asylum application and leave the country for his wife to apply for asylum.
My family member had posted a bond to get out of a detention center. How do I get the bond back now that he is out of the U.S.? -Ventura A.
Ventura, your family member may be able to recover the bond he or she paid to U.S. Immigration and Customs Enforcement (ICE) as long as he or she meets the necessary requirements.
If your family member was in deportation proceedings in immigration court, he had to ask the immigration judge and ICE for permission before leaving the United States. In addition, he had to go to the U.S. embassy in the country where he now lives to show that he is no longer living in the U.S. and ask for proof that he went to the embassy.
Assuming your family member left the U.S. with the permission of the immigration court and ICE and has evidence that he is now living abroad, he should now contact ICE to ask them to cancel his bond and return his money.
If ICE cancels the bond, they will send an immigration bond cancellation notice to the U.S. Department of Homeland Security (DHS) Debt Management Center, which authorizes the return of the bond and will provide a copy of the notice to your family member.
Your family member will then need to send the bond cancellation notice, proof of departure from the U.S. and other documents to the Debt Management Center to get his or her money back. Click on the following link for more information on how to recover an immigration bond.
Your family member should seek the assistance of an immigration attorney to help him with his immigration paperwork, including claiming bond and applying for permanent residence through his wife.
For more information and immigration tips, visit my website at Immigration Today.
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 former President of the Hispanic National Bar Association and the Westlake South Los Angeles Neighborhood Council. For information on how to consult with Dr. Castillo, click here. click here.
The purpose of this column is to provide general information. There can be no guarantee or prediction as to what will be the outcome of the information presented by Dr. Nelson A. Castillo. The information should not be taken as legal advice for any individual, case or situation. This column may be considered an advertisement under the Rules of Professional Conduct for attorneys in several states, including California and New York. Consult with an immigration attorney for personalized legal advice before beginning any immigration proceedings.