An immigration bond that must be posted in order for an individual to be released from immigration custody should be returned at the end of the immigration inquiry. However, the "obligor" who posts the bond for the individual under scrutiny will have to go through a few steps to get the funds back.
It's important that an obligor is aware of the following five things to get immigration bond funds back:
The bond must be requested back by the obligor.
The obligor who pays the bond for the individual under scrutiny must also receive the bond funds back from the court. The bond can not be refunded to the individual who has come under scrutiny by the immigration court.
The bond should be returnable to the obligor whether or not the charged individual won the case in immigration court.
An immigration bond is posted to get an individual under scrutiny out of immigration custody. The bond funds simply guarantee the court that the individual will return to show up in court. Even if the individual loses any case against him or her, the bond funds still should be returned to the obligor as long as the individual fulfilled his or her duty to appear in court.
There are two necessary pieces of documentation for getting back an immigration bond.
In order for immigration bond funds to be returned to the obligor, two important documents need to be sent to U.S. Immigration and Customs Enforcement. These forms include Form I-305 and I-391.
Form I-305 is a receipt for the bond. If this receipt becomes lost, a replacement can be acquired through filing Form I-395. The I-391 Bond Cancellation form should be automatically sent out to the obligor once the case has been closed by the immigration court.
Any instructions on how to go about receiving a refund check for the immigration bond are detailed on Form I-395.
Your bond can accumulate interest.
After an immigration bond has been submitted to the court, the money temporarily belongs to the United States government. The government will typically accumulate interest on this money until it is returned to the obligor. It's therefore possible for the obligor to get back more money than he or she originally posted to the court to release the individual under scrutiny.
For the bond to be returned, the defendant needs to attend all immigration court hearings that were scheduled.
Missing any immigration court hearings could compromise the obligor's ability to get the immigration bond money back after the case is closed. Even appearing late for a hearing could cause challenges when getting the bond funds back.
To learn more, contact a company like Alpha & Omega Bail Bonds LLC.