¿Cómo funcionan las fianzas de inmigración de NYC?

When you, or someone you love, has been detained by the U.S. Immigration and Customs Enforcement, you may probably wonder, “How do NYC immigration bonds work?” A detained immigrant has the right to request immigration bail bonds. An immigration bond works similarly to bail bonds used in criminal courts.

Contratar a un abogado de inmigración

When you’ve been detained, it can be confusing to know if you are eligible for a bond or who can pay the bond on your behalf. Nuestro equipo en Pollack, Pollack, Isaac & DeCicco, LLP can offer guidance to ensure your bond is handled appropriately to secure your release.

The Immigration Bond Process

Although you have the right to request an immigration bond, there is no guarantee that immigration officials or an immigration judge will approve your request. Working with a skilled immigration attorney can increase your chances of receiving an immigration bond. The immigration bond process involves several steps:

1. Ask immigration officials for a bond.
2. If your request is denied, ask for a bond hearing with an immigration judge.
3. Gather evidence that shows you are not a risk and should receive a bond.
4. If approved, arrange to have your bond paid through the CeBONDS system.
5. Once you’ve been released, attend all court hearings and any other requirements set by the court.

Immigration Bond Approval

Immigration bond approval is not guaranteed. Although every immigrant has the right to request an immigration bond, not every request results in a bond being issued. Your bond request is more likely to be approved if:

• You have no drug-related crimes on your record
• You have no aggravated felonies on your record
• You have not been issued a final deportation order
• Your detainment did not occur while entering the country
• You are not considered a danger to the public
• You are not considered a flight risk
• You have not been previously deported
• You have ties to the community

Having a knowledgeable immigration attorney can be beneficial when trying to request immigration bonds because you have the burden of proof to verify that you are a good candidate for an immigration bond. An immigration attorney can help you gather necessary documentation, such as:

• Proof of your green card status
• Proof of family in the United States
• Pay stubs from a U.S. employer
• Proof of residency
• Support letters from family, friends, employers, or clergy
• Proof of ties to the community
• Different types of immigration bonds

When an immigration official or an immigration judge sets a bond amount, the person who posts the bond is referred to as the obligor. The obligor is then responsible for ensuring that the individual being bonded fulfills their obligations to the government. There are three types of immigration bonds:

1. Delivery bond. Under this type of bond, the obligor must ensure the immigrant is present at the time and location specified by immigration officials every time they are requested.
2. Voluntary departure bond. The obligor must provide proof that the immigrant has voluntarily left the United States by the scheduled departure date. The obligor has 30 days to supply proof.
3. Order of supervision bond. The obligor is responsible for ensuring that the immigrant follows all the terms of the issued Order of Supervision.

Immigration Detention in the United States

As of June 2025, there were more than 59,000 individuals held in immigration detention facilities throughout the United States. At 140% of the federal capacity of 41,500 beds, at least 47% of those individuals did not have a criminal record or pending criminal charges. Less than 30% had been convicted of a crime.

The Transactional Records Access Clearinghouse compiled immigration court bond hearings and related case decisions for the fiscal year 2024. In total, 25,765 bond hearings occurred in the United States. Of those:

• 13,212 were not granted bond
• 8,074 were granted bond
• 4,479 were withdrawn

Preguntas frecuentes

Q: Do You Get Immigration Bond Money Back?

A: You can receive the bond money back if you follow all of the requirements established by the immigration judge. Generally, you are required to attend all of the court hearings and follow any other orders required by the immigration judge to receive the bond money back. If the judge orders that you leave the country, you have to do so to get the bond money back. The bond money is only returned after the immigration case is over.

Q: Once I Post an Immigration Bond, How Long Does It Take for the Bond to Be Verified?

A: After you post an immigration bond, the bond is generally verified within 1 to 2 hours. This time can change depending on staffing, operational resources, and any case-specific circumstances. Bonds are only verified on business days, so any bond received on the weekends or after business hours is processed on the next business day.

Q: How Long Before Someone Is Released After an Immigration Bond Is Approved?

A: Typically, the time it takes for someone to be released after an immigration bond is approved depends on a few factors. Generally, after the I-352 bond contract has been signed, the immigrant being held should be released by the end of the day the bond was approved. However, the detention facility may take longer to process the release depending on factors such as staffing, operational resources, and any special circumstances specific to the case.

Q: What Happens If the Bond Is Set Too High?

A: If you request a bond but it is too high for you to afford, you can request a bond hearing with an immigration judge. The immigration judge can review your case and determine if you receive a bond and how much the bond is set for. The judge determines if you are eligible for a bond, if you are a danger to the public, and if you are considered a flight risk.

Contact Pollack, Pollack, Isaac & Decicco, LLP Today

PPID was founded on immigration. When you hire an immigration lawyer from PPID, you get a team ready to represent your immigration bond case and help secure your freedom. We value inclusivity and speak multiple languages to make sure that language is never a barrier to accessing quality legal counsel. Contact us today to programar una consulta.

Sobre el autor

Conrad E. Pollack

Conrad E. Pollack es Socio Gerente y Director de Inmigración en Pollack, Pollack, Isaac & DeCicco, LLP. Se graduó Magna Cum Laude de la Universidad de New York y obtuvo su J.D. de la Facultad de Derecho de Brooklyn. Con más de tres décadas de experiencia en derecho de inmigración, Conrad ha ayudado a innumerables clientes a alcanzar su sueño americano. Bajo su liderazgo, PPID se ha expandido significativamente, abriendo nuevas oficinas en Peekskill y Brooklyn, NY. Es miembro de la Asociación Americana de Abogados de Inmigración y ha sido reconocido por su excelencia profesional con numerosos premios y distinciones. Educación: Licenciada Magna Cum Laude por la Universidad New York; Doctora en Derecho por la Facultad de Derecho Brooklyn. Premios: Ha recibido numerosos premios a la excelencia profesional. Afiliaciones: Miembro activo de la Asociación Americana de Abogados de Inmigración.

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