Who Can Pay an Immigration Bond
The person who posts a bond takes on a role with a name and with duties attached — the obligor. It is worth understanding what that involves before volunteering for it, because the obligations continue for as long as the case does.
Who is generally eligible
The person posting a bond generally needs lawful immigration status and identification to establish it, and must be able to provide the funds in an accepted form. This is the question families most often ask and most often fear the answer to, so it is worth establishing early rather than assuming.
What the obligor is taking on
Not simply writing a cheque. The obligor is responsible for making sure the person appears when required, must keep their own address current with the authorities for the life of the bond, and is the one who deals with the paperwork at the end. If the person fails to appear, it is the obligor’s money that is forfeited. Choose someone reliable and reachable, not simply whoever has the funds.
What to have ready
Identification and proof of status, the detained person’s alien registration number, and the funds in whatever form is accepted at the place the bond is posted. Getting the A-number wrong is a common and costly delay.
Keep every document you are given
The receipt issued when a bond is posted is the document the refund is claimed with at the end, sometimes years later. It is a small piece of paper that is easy to lose and unpleasant to be without. Photograph it, store the image somewhere durable, and keep the original with the case file.
Frequently asked questions
Can someone without lawful status pay an immigration bond?
Generally the obligor needs lawful status and identification to establish it, which is why this question is worth settling before anyone travels to post a bond. Confirm the current requirements before relying on any answer here.
What happens to the obligor if the person does not appear?
The bond is forfeited, and it is the obligor’s money. That is the risk being taken on, and it is the reason the choice of obligor matters as much as the funds.
Does the obligor have ongoing responsibilities?
Yes. They must keep their own address current for the life of the bond and handle the paperwork at the end. A bond is not a one-afternoon commitment.
Where you are decides which court and which facility
The law on this page is federal and the same everywhere. Which immigration court hears the case, and which facility someone is held in, are not — and in detention those two things shape the practicalities more than the law does.
Related
General information, not legal advice. Immigration law and policy change frequently — confirm your options in a consultation before acting on anything here.