My obligator paid the bond ($2000) and I was given voluntary departure - 90 days to go home. What steps should my obligator take to receive the refund money from the Immigration?
Once you received the relief of voluntary departure, normally the court gives you a notice to take to the US embassy in your home country to have the consular officer sign to prove your departure from the US. You need to send this form back to the obligor to take to the court. Then the court will issue a cancellation of bond. You mail this document to the USICE bond refund Department. It will take a couple of months before the obligor gets the money back.
When immigration bonds for which cash is posted as collateral are cancelled, the obligor is notified by ICE 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 ICE makes every effort to notify obligors of their eligibility for a refund, not all refunds are claimed. When cash bonds are breached, ICE notifies the obligor through a Form I-323 (Notice - Immigration Bond Breached). ICE 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 U.S. Immigration and Customs Enforcement pertaining to a cancelled (principal plus interest) or breached (interest only) immigration bond, please follow these instructions:
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.
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:
Debt Management Center
Attention: Bond Unit
P.O. Box 5000
Williston, VT 05495-5000
Telephone: (802) 288-7600
Facsimile: (802) 288-1226
Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.
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