IMMIGRATION BONDS & BOND HEARINGS

 

Individuals may be detained by immigration officials for a variety of reasons, including illegal entry, overstaying a tourist visa or because of certain criminal convictions.  At Hainer Porras, we understand how important it is for families to help get their loved ones out of immigration detention.

Immigration bonds

Certain individuals may be eligible for release from immigration detention. Similar to criminal cases, a judge will hear testimony and review evidence to determine whether or not someone is eligible for bond. Individuals who are not eligible for immigration bonds include those with particular criminal convictions, participation in terrorist activities, or if newly arrived in the U.S. If the judge grants bond to someone legally in the U.S., he or she will need to sign paperwork and pay the fees to the government.

Process

Individuals must request a redetermination or bond hearing with the immigration court.  The hearing is considered a separate proceeding from any trial. The judge cannot use evidence presented in the bond hearing in later proceedings to determine whether the alien is removable from the United States; however, the judge must consider if the individual is a danger to the community, a flight risk or a security threat when evaluating whether to grant bond.

Judges will also consider the following specific factors to decide if bond is appropriate:

  • Family ties;
  • Ties to the community;
  • Employment history;
  • Criminal record;
  • The manner of entry and length of time in the United States; and
  • Membership in community organizations.

It is important to understand that granting bond is completely discretionary. The immigration judge should grant bond but is not required to do so.  The bond amount can be as little as $1,500 but it increases if there are criminal convictions or other immigration violations.  The average bond in our local immigration office is $5,000.

If the judge does not grant the immigration bond an appeal can be filed to the Board of Immigration Appeals (“BIA”) within thirty days.

Our experienced attorneys can help you determine if your family member will qualify for an immigration bond. Together, you can develop the best legal strategy to win your case and remain in the United States.  For further information or questions please call 703-596-0235 to schedule a consultation in our Alexandria, Virginia office.  Our firm can help clients in Virginia, Maryland and DC – or any other state – because immigration is a federal matter.