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A Guide to Immigration Bail Bonds If an illegal immigrant has been arrested by the Immigration and Naturalization Service and has been issued a warrant of arrest, he/she is eligible for an immigration bond. An immigration bond, just like other bail bonds will guarantee that an individual charged with violations of the law will appear in court. The amount of a bond should be considerable enough to ensure that the defendant will attend all immigrations proceedings. Illegal immigrants will only be considered for the bail bond if he/she is eligible. There two important things that determine eligibility and they are that the person, if released, would not pose a danger to property or persons, and that he/she is likely to appear for any future proceedings to the satisfaction of the immigration officer. If the INS determines that the alien is eligible, then the company’s bail bondsman can post the immigration bond. The immigration bond can also be posted through a private company rather than the INS. The company should be provided with the name and registration number of the alien together with the facility where he/she is being held. Immigration bail bonds have exactly the same basic requirements as all other types of bail bonds including the annual premium payment paid to the bail agent. Immigration bonds require casualty license instead of the usual license. When the alien does not appear before court when summoned, the bonds posted will be subject to immediate forfeiture. The difficulty experienced by bail bond agents is the language barrier. The processes in collecting the collateral vary in immigration cases.
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Even if an alien is eligible for immigration bail bonds, it does not guarantee that he will not be deported from the country. What the bond ensures is that the alien can discuss with a lawyer the next steps necessary in order to correct the situation with the INS.
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Specific rules and requirements that immigration bail bonds have may not be similar to other types of jail bonds. To be able to understand the specifics of immigration bonds, one needs an attorney who is knowledgeable with immigration issues and can explain these things to you. To pay the immigration bail bonds there are two options. Your bail bond is either a surety bond or a cash bond. The agent will charge you with at least fifteen percent of the total bond, and it is typically non refundable. With a cash bond, your family can pay the bond in a full amount and will be returned in full once you managed to complete all the court hearings. There are special cases wherein the alien is provided with the alternative to intentionally leave the country under a predetermined time and with their personal expenses. In the event that the illegal alien leaves the country the bail bond can be refunded, but if he does not leave during a specific time, the bond will be relinquished.