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Did i forfeit my immigration bond?

Orlando, FL |

I have been placed on a 5k immigration Bond and my parents paid using an immigration bonds man. Ive since then made all my court dates and now was ordered deportation 5 months ago. My attorney has filed an appeal and we are currently awaiting the BIA decision. However three weeks ago i got arrested but have not been charged or convicted of the nature of the felony. I paid the 100 dollars bond to the county jail and got released. Does this mean i forfeited the immigration bond and cannot get back that 5k? Should i expect a "bounty hunter" to come arrest me also? And also im now wanting to voluntary depart back to my county from florida to the Caribbean. How to do so? Without a lawyers help now, cuz this has all ran me broke and i just want to make sure my fam gets back the 5k they put up fo

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Attorney answers 3

Posted

No, as long as you went to all of your court appearances, and as long as your case continues, you have not breached your bond, and your family will be able to get the money back.

Contact attorney Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.

Asker

Posted

See this is y i ask sec opinion. My attorney has told me that i did since i got arrested. But i keep reading and nowhere says anything about arrests being a state of forfeiture only if i fail to comply with dhs ice orders and not show for my nta. But also how do i ggo about the voluntary dep. Cuz i dont think i can afford an attorney now.

Gintare Grigaite

Gintare Grigaite

Posted

Well, you can only get voluntary departure if you asked for it during your initial Master hearing and if you qualified for it. Since your case is on appeal now, you have to wait for the decision. If you leave now it will be considered as self- deportation.

Asker

Posted

O i understand. Thank you for ur assistance. U sure have good knowledge of this stuff. Thank you may i ask where r u located?

Gintare Grigaite

Gintare Grigaite

Posted

Thank you very much. I am located in NY and NJ.

Posted

By and large the immigration bond is to ensure all your appearances at any and immigration hearings although you should talk to the bonding company that put up the bond. Whats confusing about your question if you say your parents put up the $5k bond that this is a cash bond. If you went through an immigration bonding company than they will usually charge 15% of the amount of the bond and either ask for your families credit cards or other collateral like a Deed to a House, etc for bond forfeiture. If you ran out of money, go and present your self to the ICE Detention and Removal Office, and tell them you want to get Voluntary Departure and withdraw your appeal with the BIA and they may be able to convert your $5k bond into a $500 voluntary Departure Bond. Once you reach your native Caribbean country deliver the papers you got from the Deportation Officer to the US Embassy and than your family, whoever the Obligor was (responsible person who is a US citizen or permanent resident who put up the money) will get a refund of the money. ICE wants you gone from the US thats all they care about. If you just leave and self deport you will end up getting a 10 year bar for self-deportation. So, do present yourself to the ICE DRO and seek their assistance to expedite your VD. You will also of course wrap all issue up in your criminal court case and wound everything up properly. However, depending on the nature of your felony case charges, you may also be ineligible for voluntary departure and perhaps even mandatorily detainable. Therefore you ought to consult with competent immigration counsel. While you were in court you should have gotten a list of pro bono (free) attorneys or low cost attorneys like the YMCA, Catholic Charities and others and since you ran out of money but its still important you speak to a competent immigration attorney about your situation. Good luck.

Asker

Posted

U have answered all my questions sir. Very very well appreciated. Thank you. And the bond was a creditcard surity. I just confirmed that with my parents. :-) so they will b ok. Thank u again.

Haroen Calehr

Haroen Calehr

Posted

Welcome. Good luck.

Haroen Calehr

Haroen Calehr

Posted

PS. Form I-352 delineates all the conditions and obligations of the Bond.

Posted

A bond is to ensure your appearance at court hearings and if necessary, to be taken into custody for deportation. Your custody conditions can be changed as a result of criminal activity (i.e. you can be taken back into custody) with or without notice, but the bond would only be breached if you fail to appear as required. Notice would be sent to the Bondsman who would be responsible for presenting you. Most bonding contracts provide that if you fail to appear then the bonding company can take the collateral without further notice.

Based upon your statements you have been ordered deported. Thus, voluntary departure is not a possibility. If you wish you leave the U.S. you can do so, but it will be under an order or removal so be sure you understand the consequences, including the abandonment of your appeal. You have an attorney, talk to him or her about your desire to give up and leave the United States.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

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