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Like other types of court bonds, immigration bail bonds guarantee the court appearance of an individual charged with a legal violation. Instead of being posted with a standard jail facility, immigration bail bonds are posted with the Immigration and Naturalization Service. The basic requirements to be eligible for immigration bail bonds are the same as for other types of bonds. There is an annual premium payment made to the immigration bail bond agent.
Immigration bail bonds do not guarantee that an individual will not be deported; they merely allow the alien''s release from INS custody. Using immigration bail bonds, aliens can freely meet with their attorneys and take other steps necessary to correct their situations with the INS. Aliens who are unable to post immigration bail bonds have a more difficult time correcting their INS problems, and may also lose their jobs or residences due to their incarceration.
The main difference between normal court bonds and immigration bail bonds is the amount of difficulty that immigration bonds present for the bond agent. A regular bond license is not sufficient for immigration bail bonds; they require a causality insurance license. Also, if the arrested individuals do not appear in court, immigration bail bonds are subject to immediate forfeiture, making them a much higher financial risk. Not many bondsmen deal in immigration bail bonds because of these complications, although you may be able to locate one by contacting the Division of Insurance in the appropriate state to find out who is properly insured to provide immigration bail bonds.
There are two ways that a customer can go about obtaining immigration bail bonds: posting a cash bond, or using a bail bondsman. When paying cash for immigration bail bonds, a person acting on behalf of the alien posts the required amount of money (for instance, $20,000 if that is the amount of the bond). After the alien has completed all court obligations, the money spent on immigration bail bonds is returned to the persons who paid. The INS has certain specific requirements associated with the cash purchase of immigration bail bonds, so be certain to check with the INS ahead of time. The second option is to use the services of bondsmen who will post immigration bail bonds for a nonrefundable fee. Bondsmen require cosigners (someone other than the detained alien) to sign for immigration bail bonds, and in some cases, collateral must be posted. If the bond is forfeited, the cosigner is required to reimburse the bondsman for losses.
Immigration bail bonds have unique rules and requirements that do not necessarily apply to other types of jail bonds. An attorney who is familiar with immigration issues can help you understand the specifics of immigration bail bonds, and can guide you through the process of obtaining one, if necessary.
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