June 03, 2017
The individual posting the bond for getting an immigrant released from detention could ask for a refund of the bond amount after the case is resolved.
There is a specific condition for an immigration bond refund: the alien needs to attend every scheduled immigration court proceeding and give a notification to the U.S. Immigration and Customs Enforcement about any change in address. In case the alien fails to meet this condition, the bond amount will be forfeited and will remain with the government.
If an alien did a direct bond posting with ICE, then a refund procedure will begin with him/her submitting Form I-305. In case the alien has misplaced the original form and only has a copy, then they will have to fill Form I-395. Additionally, the alien would need a copy of the form I-391 bond confirming the cancellation.
After an immigration case runs its due course without the alien violating any bond terms, the ICE will cancel the bond, following which it will notify the Debt Management Center (DMC) about the cancellation of the bond. The DMC will then send a notification of the bond cancellation to the individual who made payment for the bond.
Once the processing of the bond cancellation is complete, the obligor will be given a Form I-391 indicating the cancellation. This is also referred to as the “Notice – Immigration Bond Canceled” form. According to the instructions provided in the form, the obligor is required to file for the refund of both principal amount and any accumulated interest.
It is important to note that the receipt of the Form I-391 could take months post the resolution of the case and notification to the DMC. In fact, it may take a year or so after the bond release for things to finally fall into place, once the person has faced deportation or obtained a legal status. Both these outcomes will satisfy the bond conditions and initiate a refund through the cancellation. Against the backdrop of the cancellation, the ICE Form I-391 (Notice Immigration Bond Canceled) will be sent by ICE to the Debt Management Center.
After the obligor finally receives the form, certain documents need to be collected and submitted by the person who made the payment for the bond. He/she needs to send this form along with the receipt from the immigration officer, Form I-305, as well as a cover letter requesting a refund to the following address:
Debt Management Center
Attention: Bond Unit
P.O. Box 5000
Williston, VT 05495-5000
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