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You may be able to secure the release of an alien who has been detained by the U.S. Immigration and Naturalization Service (INS) if you post a bond for the alien.

A bond is a contract between the person or company posting the bond (the obligor) and the Immigration and Naturalization Service. INS may make a demand on the obligor to have the alien appear for a hearing, interview or removal from the country. INS will do this by sending the obligor an INS Form I-340 (Notice to Obligor to Deliver Alien).

If the alien does not show up for INS interviews or depart the country on time, the person posting the bond will have breached the contract with INS and may lose the money or collateral paid for the bond.

A person who is arrested by the INS and is issued a Warrant of Arrest (INS Form I-205) and a Notice of Custody Conditions (I-286) may be eligible for a delivery bond.

The amount of a delivery bond should be sufficient to ensure that the alien will appear for any future immigration proceedings.

In order to be considered for bond, the alien must be eligible (see the Code of Federal Regulations at 8 CFR § 236.1) and demonstrate to the satisfaction of the immigration officer that such release would not pose a danger to property or persons, and that the alien is likely to appear for any future proceedings.

An alien who is allowed to depart the country voluntarily after being placed in removal proceedings (or in lieu of such proceedings) has been granted Voluntary Departure.

The Immigration Judge may, and, in some cases, must, require that someone post a bond in an amount that will ensure that the alien departs the United States within the time specified.

There are two ways to post a bond after INS determines that an alien is eligible for a delivery bond ($1500 minimum) or is granted Voluntary Departure with bond ($500 minimum)

A Cash Bond and a Surety Bond are two methods of posting either a delivery bond or a voluntary departure bond.

A cash bond must be paid directly to the Immigration and Naturalization Service. Please contact your local INS field office for more information on contacting local INS offices and local INS procedures and hours of operation.

When a cash bond is posted, it must be for the full amount of the bond, and in one of the following four forms:

1. Cash
2. US Postal Money Order
3. Cashier's Check
4. US Bonds Or Notes

There is no provision for paying a percentage of the cash bond, and no form of collateral outside of the four mentioned above will be accepted for a cash bond.

To post a surety bond you must work through a private company rather than INS.

The following information is required for posting a surety bond:

1. Alien Name
2. Alien Registration Number
3. Name of the facility where the alien is being held
4. Alien's home address
5. Alien's date of birth
6. Alien's country of birth
7. Bond Amount
8. Name of the person posting the bond
9. Valid address for the person posting the bond
10. Valid Social Security Number for person posting bond
11. Valid phone number for the person posting the bond
12. Acceptable form of identification

Any one of the following are acceptable forms of identification:

1. Permanent Resident Card
2. Passport with appropriate stamps
3. Valid driver's license
4. State identification with proof of immigration status

It is your responsibility to ensure that all information you provide to the Immigration and Naturalization Service is accurate and up to date. All notices for interviews and court appearances will be sent to the alien's address that you provide us. Failure of the bonded alien to appear upon demand by the Immigration Service could result in the bond being breached.