Getting Back Your Immigration Bond After Legal Proceedings
After ICE has taken a foreign national into detention prior to removal proceedings, the foreign national can ask the immigration judge for bond. This is a certain amount of money that they pay to the court in exchange for being released until the resolution of the proceedings. If the foreign national shows up for hearings and complies with any court orders, the bond money will be returned at the conclusion of the proceedings. If they do not, the bond money is forfeited to the government.
The person who posts the bond money, known as the obligor, is usually not the foreign national who is in removal proceedings. You must be a U.S. citizen or hold legal status in the U.S. to post bond. Most often, a family member or friend of the foreign national will post bond.
Getting Back the Bond Money
Once the proceedings have concluded, ICE will send a notice of immigration bond cancellation to the obligor if the foreign national has met the conditions of the bond. It also will send this notice, known as Form I-391, to the Debt Management Center at the Department of Homeland Security (DHS). You should be aware that ICE may send Form I-391 to your old address if you move during the course of the proceedings. Getting the bond money back involves sending Form I-391 and your original immigration bond receipt, known as Form I-305, to the Debt Management Center. If you have Form I-352, which is the original copy of the bond contract, you should include it in your mailing.
In order to receive their bond refund, an obligor should send the following forms to the Debt Management Center at DHS:
- 1 Form I-391
- 2 Form I-305 or Form I-395
- 3 Form I-352, if available
Sometimes the obligor will not be able to locate their immigration bond receipt. If this happens, you can print and complete Form I-395, which is an Affidavit in Lieu of Lost Receipt of United States ICE for Collateral Accepted as Security. You will need to sign this form in the presence of a notary public. Then, you can send it with the I-391 notice and Form I-352 to the Debt Management Center.
The Debt Management Center should refund you for not only the original amount of the bond but also any interest that has accrued during the course of the proceedings. You might receive this money a few months after the end of the proceedings.
Immigration Law Center Contents
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Immigration Law Center
- Green Cards and Lawful Permanent Residence in the U.S.
- Becoming a U.S. Citizen Under Naturalization Law
- Immigrant Visas Leading to Lawful Permanent Residence in the U.S.
- Non-Immigrant Visas Providing a Legal Basis for Temporary Residence in the U.S.
- Work Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Family Immigration Options Under the Law
- Investor Visas Providing Legal Status in the U.S.
- Visitor Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Student Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Denials of Visas or Green Cards & Your Legal Options
- Consular Interviews When Seeking a Visa or Green Card
- VAWA Petitions for Foreign Nationals Affected by Domestic Violence & Seeking Legal Status in the U.S.
- How Children of Foreign Nationals Affected by Domestic Violence Can Legally Obtain Immigration Status
- Work Authorization for Foreign Nationals Without Green Cards
- How Foreign Nationals Unable to Return Home Safely May Legally Qualify for Temporary Protected Status
- Asylum for Foreign National Refugees
- Humanitarian Parole for Foreign Nationals With Compelling Needs
- Advance Parole for Foreign Nationals Living in the U.S. Without Green Cards
- Deferred Action for Childhood Arrivals (DACA) and Temporary Legal Protections From Deportation
- Visa Waiver Program for Brief Visits to the U.S. Without Formal Legal Status
- Grounds for Finding a Foreign National Legally Inadmissible to the U.S.
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How the Deportation Legal Process Works
- When Criminal Convictions Are Legal Grounds for Deportation
- False Claims of Citizenship Leading to Deportation
- Guilty Pleas and No Contest Pleas Leading to Deportation
- Postponing Legal Hearings in Immigration Court
- Changing Venue for Legal Proceedings in Immigration Court
- Witnesses in Legal Proceedings in Immigration Court
- Summary Proceedings Involving Deportation WIthout a Legal Hearing
- Deferred Inspection Appointments for Lawful Permanent Residents Returning to the U.S.
- The Notice to Appear and the Start of Legal Proceedings in Immigration Court
- Master Calendar Hearings in Legal Proceedings in Immigration Court
- Merits Hearings in Legal Proceedings in Immigration Court
- Defenses to Deportation for Foreign Nationals Without Legal Status in the U.S.
- Orders of Removal Following Failure to Appear for Legal Proceedings in Immigration Court
- When Government Lawyers Appeal Immigration Court Decisions
- Cancellation of Removal for Green Card Holders
- Cancellation of Removal Without a Green Card
- Adjustment of Status to Lawful Permanent Residence in Deportation Proceedings
- Voluntary Departure as a Legal Alternative to Deportation
- Detention During Deportation Proceedings & Legal Recourse
- Waivers of Alien Smuggling When Seeking Immigration Relief or a Green Card
- Custody & Related Legal Issues for Children of Arrested or Deported Foreign Nationals
- Prosecutorial Discretion in Deportation Proceedings
- Appeals of Immigration Decisions Through the Legal Process
- LGBTQ+ Individuals Facing Immigration Legal Issues
- Inspections of Foreign Nationals Seeking to Legally Enter the U.S.
- Unlawful Presence in the U.S. & Legal Penalties
- Tax Law Issues for Visa or Green Card Holders
- Waivers of Legal Inadmissibility to the U.S.
- How a Criminal Record Legally Affects Immigration Status
- How Social Media Use Can Affect Legal Admissibility to the U.S.
- Immigration Law FAQs
- Immigration Legal Forms
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