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What you need to know about posting Bond if you are in Removal Proceedings

If you are in Removal Proceedings (formally known as deportation proceedings), the US government is attempting to remove you from the country and either send you back to your home country, or a different suitable country. Typically, you are held in an immigration detention center until a decision is made on your case. This can be an unpleasant situation, considering that the Removal Proceedings can take a long time to resolve; sometimes even years.

There is an alternative that may be offered to you so that you do not have to wait in an immigration detention center he whole time. The option that may be granted to you (but not always) is to be released on Bond (also known as Bail).

When you are released on Bond, you pay money to be released. This does not mean that you are free from having to attend your court dates. This is more of a promise to the court that you will attend your court date, a sort of assurance to the immigration court of your appearance.

The total bond amount that you may have to pay can be different than the amount of bond that a different person will have to pay. There are a number of factors that determine that amount. Typically, more likely that you are to attend your court proceedings the less your bund amount is. On the other hand, if you are less likely to attend your court date, the more your bound amount will be.

Some of the factors that determine your bail amount are the reason why you are going through Removal Proceedings, the chances of your winning your case, and how close your ties are to the community, to list a few. If you or your family are unable to pay the bond amount, either you or your family can petition the Immigration Judge to have it lowered.

As stated earlier, you may not be eligible to be released on Bond. There are a number of factors that may deem your ineligible for Bond. If you are ineligible for Bond, your case is determined to be exceptionally serious in the eyes of the Immigration Court. The court may believe you are a danger to the community if you were to be released. The court may think that you are associated with a terrorist organization, you have committed a serious crime such as a felony or any of the crimes that fall under the category of moral turpitude, or maybe you were arrested for possession of a controlled substance that is not marijuana.

Posting a Bond also comes with its own sets of challenges. For starters, you can only pay for the Bond with a money order. There are also restrictions on who is allowed to pay for the Bond. Typically, only a US Citizen or Legal Permanent Resident can pay for the Bond release.

This is an immigration legal blog. It is not intended to be used as legal advice. For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA). Ramona Kennedy is fluent in English and Farsi (reading & writing) & speaks Azeri Turkish.

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