BOND + PAROLE

Immigration detention is often a traumatic experience. Seeking release from detention not only relieves your loved one, but can also increase their access to legal counsel and available evidence. This access will, of course, increase their chances of winning their immigration case. In many situations, an individual can be released from detention via bond or parole.

When an individual is placed in ICE custody, they typically want to be released as soon as possible. In many cases, ICE or an immigration judge are willing to release the person, but want a guarantee that the person will keep attending their future court hearings. A bond is that monetary guarantee. 

A bond is payment of money to ICE, who will keep the money until the person’s case is over. If the person successfully attends all court dates and complies with court orders, the bond will be reimbursed at the end of the case.

To be eligible for a bond, a detained person must show that they are NOT a flight risk and that they are NOT a danger to the community. There are some situations where the detainee is not eligible for a bond because of prior criminal history or prior immigration violations. 

ICE may indicate to the detainee that they are offering a bond of a certain amount, or ICE may indicate “no bond” at all. If neither of those options are appropriate, the detainee can seek a bond hearing with the immigration judge. During the hearing, the detained person asks the judge to consider setting a bond or lowering the amount that ICE offered.

The detainee must prepare certain paperwork for the bond hearing, including a sponsor letter for the judge indicating where the detainee will live once they are released. In the sponsor letter, the sponsor promises that they will support the detainee and ensure that all court hearings are attended. During the bond hearing, the detainee’s objective is to show the judge that they are not a flight risk and they are not a danger to the community. In many cases, the help of an experienced immigration lawyer can help carry out these objectives.

Another way to secure release is by asking ICE directly for a release under parole. With such a release, there is no monetary deposit or bond paid. Detainees who entered the U.S. as “arriving aliens” are not eligible for a bond, but only parole. ICE will consider a release via parole if the detainee can show that there are humanitarian reasons for the release or that the release will serve a significant public benefit. The legal team at Encanto Law has successfully procured release for many individuals via parole.

WHAT IS ADVANCE PAROLE?

“Advance Parole” is a travel document that you apply for with USCIS. It is very different than obtaining parole for release from detention. If advance parole is granted, this document gives you permission to travel outside of the U.S. and return lawfully. It is not a visa; it is temporary permission to enter the U.S. There are often risks to traveling with Advance Parole, however. Please seek guidance from an attorney before leaving the U.S. under Advance Parole.

WHAT IS HUMANITARIAN PAROLE?

Humanitarian Parole is permission granted to a foreign national to temporarily enter the U.S. without a visa. CBP (border patrol) or USCIS have the capacity to grant humanitarian parole. In order to qualify, the applicant must show that there is an urgent humanitarian reason or a significant public benefit for their entry. This type of parole is often sought when there is a medical emergency of a loved one residing in the U.S., or a medical emergency of someone outside of the U.S. who needs treatment inside of the U.S.

WHAT IS MILITARY PAROLE IN PLACE?

Parole in Place (PIP) is a substantial benefit offered to family members of military personnel and veterans.  The spouses, parents, sons and daughters of the military member can apply for temporary permission to be in the U.S. while they seek a green card. This benefit is especially important for those family members who entered the U.S. without inspection and now desire to adjust status.