Joseph Caraccio

Getting Back Your Immigration Bond

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Immigration Bond (money to be released from ICE custody) After ICE has taken a foreign national into detention prior to removal proceedings, the foreign national can ask the immigration judge for bond. This is a certain amount of money that they pay to the court in exchange for being released until the resolution of the proceedings. If the foreign national shows up for hearings and complies with any court orders, the bond money will be returned at the conclusion of the proceedings. If they do not, the bond money is forfeited to the government. The person who posts the bond money, known as the obligor, is usually not the foreign national who is in removal proceedings. You must be a U.S. citizen or hold legal status in the U.S. to post bond. Most often, a family member or friend of the foreign national will post bond. Getting Back Bond Money Once the proceedings have concluded, ICE will send a notice of immigration bond cancellation to the obligor if the foreign national has met the conditions of the bond. It also will send this notice, known as Form I-391, to the Debt Management Center at the Department of Homeland Security (DHS). You should be aware that ICE may send Form I-391 to your old address if you move during the course of the proceedings. Getting the bond money back involves sending Form I-391 and your original immigration bond receipt, known as Form I-305, to the Debt Management Center. If you have Form I-352, which is the original copy of the bond contract, you should include it in your mailing. Debt Management Center Forms In order to receive their bond refund, an obligor should send the following forms to the Debt Management Center at DHS: The Debt Management Center should refund you for not only the original amount of the bond but also any interest that has accrued during the course of the proceedings. You might receive this money a few months after the end of the proceedings. If You Lost The Receipt (Form I-305) Sometimes the obligor will not be able to locate their immigration bond receipt. If this happens, you can print and complete Form I-395, which is an Affidavit in Lieu of Lost Receipt of United States ICE for Collateral Accepted as Security. You will need to sign this form in the presence of a notary public. Then, you can send it with the I-391 notice and Form I-352 to the Debt Management Center. For more information and a sample letter to request the return of bond money, see the guide below.

Asylum Interview Interpreter Requirements Updated

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USCIS announced to policies that will be taking effect on September 13, 2023. Anyone attending an asylum interview after September 13, 2023, will be required to bring an interpreter to their interview if they are not able to do the interview in English. See the new affirmative asylum interpreter requirements below. AFFIRMATIVE ASYLUM INTERPRETER REQUIREMENTS Starting September 13, 2023, affirmative asylum applicants must bring an interpreter to their asylum interview if they are not fluent in English or wish to do their interview in a language other than English. If an affirmative asylum applicant needs an interpreter and does not bring one, or if their interpreter is not fluent in English and a language the applicant speaks, and the applicant does not establish good cause, USCIS may consider this a failure to appear for the interview and may dismiss the asylum application or refer the asylum application to an immigration judge. USCIS will determine good cause on a case-by-case basis. INTERPRETER REQUIREMENTS: BACKGROUND On Sept. 23, 2020, USCIS published a temporary final rule (TFR) requiring affirmative asylum applicants to use our contracted telephonic interpreters for their asylum interviews, instead of bringing an interpreter to the interview. We published this TFR to reduce the spread of COVID-19 during asylum interviews with USCIS asylum officers while the COVID-19 national emergency and public health emergency were in effect. We published four subsequent TFRs extending the requirement, with the current extension effective through Sept. 12, 2023. This fourth extension provided additional time after the national and public health emergencies expired to allow USCIS to prepare to return to the prior regulatory requirement. With the expiration of the TFR, we will be reverting back to the long-standing regulatory requirement for an affirmative asylum applicant to provide an interpreter under 8 CFR 208.9(g). MORE INFORMATION Please see USCIS’ Preparing for Your Affirmative Asylum Interview webpage for more information.

Petitioning for Relatives

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PETITIONING FOR RELATIVES  Type of Relative for Whom You May Petition Immigration Benefit Related Forms Spouse Children (unmarried and under 21) Sons and daughters (married and/or 21 or over) Parents, if you are 21 or over Siblings, if you are 21 or over Green Card (permanent residence) Form I-130, Petition for Alien Relative Form I-485, Application to Register Permanent Residence or Adjust Status Form I-864, Affidavit of Support A fiancé(e) residing outside the United States and children of fiancé(e) under 21 Fiancé(e) visa Form I-129F, Petition for Alien Fiancé(e) Spouse Children of spouse (unmarried and under 21) K-3/K-4 visa Form I-129F, Petition for Alien Fiancé(e) Form I-130, Petition for Alien Relative WHAT RELATIVES CAN I PETITION FOR? Immediate Relatives Other Family Members Spouses of U.S. citizens Children (unmarried and under 21) of U.S. citizens Parents of U.S. citizens (The petitioning citizen must be 21 or older.) Visas are always available for immediate relatives of U.S. citizens. This means your family member does not need to wait in line for a visa. Immediate relatives who are in the United States can file Form I-485, Application to Register Permanent Residence or Adjust Status at the same time as Form I-130. For more information on how your relative can apply to adjust status (get a Green Card) while they are in the United States, see the How to bring a family member to the U.S. Preference categories apply to family members who are not immediate relatives. The visas allotted for these categories are subject to annual numerical limits. A visa becomes available to a preference category based on the priority date (the date the Form I-130 was filed). Preference categories are grouped as follows: First preference: Unmarried, adult sons and daughters of U.S. citizens (adult means 21 or older.) Second Preference (2A): Spouses of Green Card holders, unmarried children (under 21) of permanent residents Second Preference (2B): Unmarried adult sons and daughters of permanent residents Third Preference: Married sons and daughters (any age) of U.S. citizens Fourth Preference: Brothers and sisters of adult U.S. citizens. For current wait times, see the USCIS Processing Time Information page on this website and the Visa Bulletin page on the U.S. Department of State website. For more information on priority dates, see the Visa Availability and Priority Dates page. How to bring a family member to the U.S.

Bona Fide Marriage Exemption

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Non-citizens who marry U.S. citizens or lawful permanent residents while in removal proceedings must show by clear and convincing evidence that the marriage was entered into in good faith. See INA § 245(e)(3). What is commonly called, “the bona fide marriage exemption” must be requested in writing and submitted with Form I-130. See 8 C.F.R. § 204.2(a)(1)(iii)(A). The request must state the reason for seeking the exemption and must be supported by documentary evidence establishing eligibility for the exemption. You must be prepared to address the bona fide marriage exemption early in your case. It is important that you, the couple, document your relationship thoroughly. Evidence of the relationship will be critical to the removal proceedings and to obtaining approval of the visa petition. USCIS checks social media, publicly accessible websites, and other databases during their review of the application. Please make sure that you are not and have not posted information that contradicts the documents and testimony we will submit to USCIS and the Immigration Judge. You should keep all documents that show both of your names, such as mail, bills, and other records that can serve as proof of your relationship. Documents such as the following should be gathered to assist in proving good faith marriage: TEMPLATE FOR BONA FIDE MARRIAGE EXEMPTION LETTER Marriage was entered into in good faith. INA § 245(e)(3). We are seeking a “bona fide marriage” exemption pursuant to 8 C.F.R. § 204.2(a)(1)(iii)(A).