Background
You may be able to secure the release of an alien who has been detained by the U.S. Immigration and Naturalization Service (INS) if you post a bond for the alien. A bond is a contract between the person or company posting the bond (the obligor) and the Immigration and Naturalization Service. INS may make a demand on the obligor to have the alien appear for a hearing, interview or removal from the country. INS will do this by sending the obligor an INS Form I-340 (Notice to Obligor to Deliver Alien). If the alien does not show up for INS interviews or depart the country on time, the person posting the bond will have breached the contract with INS and may lose the money or collateral paid for the bond. Two types of bonds are discussed below: Delivery Bond and Voluntary Departure Bond. Please note: Not all INS offices accept bonds. Please see our field offices home page for more information on local office procedures.

Delivery Bond
A person who is arrested by the Immigration and Naturalization Service and is issued a Warrant of Arrest (INS Form I-205) and a Notice of Custody Conditions (I-286) may be eligible for a delivery bond. The amount of a delivery bond should be sufficient to ensure that the alien will appear for any future immigration proceedings. In order to be considered for bond, the alien must be eligible (see the Code of Federal Regulations at 8 CFR § 236.1) and demonstrate to the satisfaction of the immigration officer that such release would not pose a danger to property or persons, and that the alien is likely to appear for any future proceedings.

Voluntary Departure Bond
An alien who is allowed to depart the country voluntarily after being placed in removal proceedings (or in lieu of such proceedings) has been granted Voluntary Departure. The Immigration Judge may, and, in some cases, must, require that someone post a bond in an amount that will ensure that the alien departs the United States within the time specified.

How Do I Post a Bond?
There are two ways to post a bond after INS determines that an alien is eligible for a delivery bond ($1500 minimum) or is granted Voluntary Departure with bond ($500 minimum): Cash Bond and Surety Bond. A cash bond and a surety bond are two methods of posting either a delivery bond or a voluntary departure bond.

Cash Bond
A cash bond must be paid directly to the Immigration and Naturalization Service. Please contact your local INS field office for more information on contacting local INS offices and local INS procedures and hours of operation.

When a cash bond is posted, it must be for the full amount of the bond, and in one of the following four forms:

1. CASH
   
2. MONEY ORDER
   
3. CASHIER'S CHECK
   
4. U.S. BONDS or NOTES

There is no provision for paying a percentage of the cash bond, and no form of collateral outside of the four mentioned above will be accepted for a cash bond.

Surety Bond
To post a surety bond you must work through a private company rather than INS. You can find the names and addresses of agents who will post surety bonds for immigration purposes in the yellow pages. Usually they are located in the general vicinity of INS offices which accept bonds. Sometimes, but not always, these companies also post criminal bail bonds. Their requirements for collateral and premiums vary, and INS does not recommend any one company over another. Your local INS office may, however, be able to provide you with the names of agents in that area who will post surety bonds.

What information is Required for Posting a Bond?
The following information is required for posting a bond:

1. Alien Name
   
2. Alien Registration Number
   
3. Name of the facility where the alien is being held
   
4. Alien's home address
   
5. Alien's date of birth
   
6. Alien's country of birth
   
7. Bond Amount
   
8. Name of the person posting the bond
   
9. Valid address for the person posting the bond
   
10. Valid Social Security Number for the person posting the bond
    
11. Valid phone number for the person posting the bond
    
12. Acceptable form of identification

Any one of the following are acceptable forms of identification:

1. Permanent Resident Card
   
2. Passport with appropriate stamps
   
3. Valid driver's license
   
4. State identification with proof of immigration status

It is your responsibility to ensure that all information you provide to the Immigration and Naturalization Service is accurate and up to date. All notices for interviews and court appearances will be sent to the alien's address that you provide us. Failure of the bonded alien to appear upon demand by the Immigration Service could result in the bond being breached.

Can Anyone Help Me?
If advice is needed, you may contact the INS District Office near your home for a list of community-based, non-profit organizations that may be able to assist you. Please see our INS field offices home page for more information on contacting INS offices. In addition, please see our Webpage that provides information on how to obtain free legal advice.

How Do I Receive a Refund for A Cash Bond?

When immigration bonds for which cash is posted as collateral are cancelled, the obligor is notified by INS through a Form I-391 (Notice - Immigration Bond Cancelled). The obligor is instructed to file for a refund of the principal and any accrued interest. While INS makes every effort to notify obligors of their eligibility for a refund, not all refunds are claimed. When cash bonds are breached, INS notifies the obligor through a Form I-323 (Notice - Immigration Bond Breached). INS is entitled to keep the principal amount from breached bonds. However, the obligor is entitled to receive a payment of accrued interest.

If you have posted a cash bond as an obligor and believe that you are owed monies by the Immigration and Naturalization Service pertaining to a cancelled (principal plus interest) or breached (interest only) immigration bond, please follow these instructions:

1. If you have the original bond receipt (Form I-305) and your copy of the bond contract (Form I-352), mail these documents to the address listed below.
2. If you do not have the original receipt (Form I-305), please complete Form I-395 (Affidavit in Lieu of Lost Receipt of United States Immigration and Naturalization Service for Collateral Accepted as Security) and mail a notarized original to the address listed below. Include a copy of the bond contract (Form I-352) if you have it.

Please forward bond documents or questions to:

U.S. Immigration and Naturalization Service
Debt Management Center
Attention: Bond Unit
188 Harvest Lane
Williston, VT 05495-7554

Telephone: 802-872-6200
Facsimile: 802-288-1226

The above information has been obtained from INS and was last modified on 6/27/2002