posting bond

[mandee3911]

anyone is ever had to post bond for there husband or loved one, how did they do it? who did they contact? My husbands hearing is thursday and hopefully he will get bond, but I'm lost, I know I need to contact ICE I guess but which one? the state he's detained at or the one he will be living at?

[dianna832]

They will tell him what is his bond at the hearing. It would be great if he can give you a call, or you can try to call the court where his hearing took place to get information. That's what I did. They told me that you can post the bond in any ICE office that takes them. I would prefer the one closest to where he is detained.

*When my hubby was detained, he was in Oakdale Lousiana. At his court hearing they told him what his bond was. I then called the court and got info on how amount of the bond and where to post it. We posted the bond in the court. One thing I am sure is that it has to be a certified check, and also make sure that when you go take proof that you are a US citizen, you don't want them taking you in. I say this because I had my sister and brother with me, and they questioned them for their status also!!

[mandee3911]

so he is in lumpkin, i should post in atlanta? we have a lawyer for this and she says they'll fax the info over usually the same day if he gets bail. Then I guess if I post it myself I go to the one in atlanta?? or NC.. and then do I have to make plans or can I just go get him? Also do i need to bring him clothes? He only has what they give him.

[dianna832]

I say post wherever he is going to have the hearing at. There should be a court close to the detention which is where they have all the Master Hearings. That way once you post, they help you go get him from the detention. That is what happened to us. Once I personally posted the bond at the local court, an Ice officer went with us to the detention to release him. Whole process took less than an hour.
I took my honey some clothes because when he was detained he was given a uniform to wear and his clothes was placed in a bag. Hence, it never got washed and he wouldn't want to where it like that.
You say you have a lawyer, is she not going to be present at the court? If so, she should know immediatley what his bond is, but I guess the courts have different procedures.

I would suggest you find the information on where to post the bond as of now by calling information, so that when they give you the bond amount you are prepared to leave. At the court where we posted the bond, you were only able to post a bond before 3pm. We didn't know this either and we were there on a friday, but thank God we made it there in time or he would have been detained another 3 days!!

[mandee3911]

well see his hearing is tomorrow, so if he gets bail, i will be driving either tomorrow night or friday morning so I will probably make it before 3. I just pray he gets bond. Our lawyer is doing a teleconfrence for this hearing and master calendar since we are 2 states away. The judge we have usually works with her well. So she will be doing it that way tomorrow, especially since it is short notice (we found out yesterday his bond hearing was tomorrow)

[dianna832]

Ooh ok, i understand how that works because our first lawyer did it that way. However, the judge denied the bond because he didn't have proof that my husband entered legally to the US. Second time around, we retained a lawyer who went to the court personally and got him a 3000 bond. I wish you the best of luck tomorrow and have you in my prayers. Let us know how it goes...!!

[mandee3911]

Well I gave copies of his expired passport with visa and I-94 card to the lawyer yesterday morning. So she has those to prove he entered legally. Only $3000? Might I ask why he was detained?

[dianna832]

Well he was falsely accused of Agg Assault by a cop whom I think just did it to be a racist. Even though the charges were dropped, Ice placed a detainer on him. The immigration judge terminated proceedings for that count, but then after we proved that he entered legally, they charged him as an overstay, which is actually true. So now the only charge that ICE has on him is that, the overstay, that is why its only 3000. Our lawyer there at louisiana said the judges there usually don't go under 3000. But your lawyer can give it shot!!

[Caribbeanman]

Mandee did you hear anything about his bond hearing today?

[mandee3911]

Bond is....$2500. I am SOOO happy!! Our lawyer said they would probably fax over the papers and I'd have to bring them to our local ICE office in Charlotte to post the bond, Then I don't know where to go from there because some say it takes a couple of days and some say a couple of hours.

[dianna832]

WooohHoo! That's fantastic!! What papers?? All we needed was my husband's alien number and bond amount... are you using a bond company?? Anyhow, like I stated before, they might have different procedures...

If you post the bond soon, they might change your next Master Hearing date if you request them to change of venue to a court that is closer to you...

I'm happy for you.. your hubby is finally going to be freeee... :D

[mandee3911]

The bond release papers from the DA or judge, needs to be faxed to my lawyer so I can take them to pay. We're not using a bailsman since it isn't that much. The lawyer didn't get those papers, So I might not be able to go get him until Tuesday. Also, She already got the master hearing delayed until 3/20 instead of 2/19

[Caribbeanman]

Mandee you do not need any bond release papers to go pay the bond all you need is his Alien number, your proof of being a US citizen and the cashier's check that's all....and a picture ID of course!

[mandee3911]

The order for release needs to be posted. If the DA or whoever hasn't signed it, then technically in their eyes they'll probably say they don't have bail.

[Caribbeanman]

Listen ICE will have all the info in the computer ive never heard of anybody having to have papers to go pay in bond

[Caribbeanman]

The order of release is not your job to worry about ICE will take care of that and the ICE location youre gonna pay the bond at will know sometimes they just make a phone call too.

[dianna832]

Yea that's right. I do recall that I had called real early and they couldn't give me any info because it wasn't in their system. Info at the court told me that their information is posted around 1 oclock. Why don't you try to give them a call yourself tomorrow?? There's nothing you can lose by asking!

[mandee3911]

how do i find out the number to the charlotte office? I tried looking it up and didn't see anything. Should I call at like 8am and just give them the A# and ask? If he didn't sign or fax the order wouldn't that mean its not entered in the system, or is it entered when the judge approves it?

[Caribbeanman]

Mandee call the main ICE number and ask for the number of the Charlotte location when you get the number tell them youre coming to pay a bond for your husband and give them the A# again don't worry about the order and all that they know what to do to make sure everyone knows that he can be release and if they are not sure trust me they gonna call to find out so you just get that number and go pay the bond.

[mandee3911]

well i called that number, and it just goes to an answering machine.

[mandee3911]

I've tried 3 numbers and they all go to answering machines, and emailed and left a message for the paralegal and have gotten nothing. I don't know if I should drive down to charlotte or what. I can't get a live person

[dianna832]

how far are you from there?

[mandee3911]

like 2 and half hours from charlotte, they won't answer. But i don't want to go if they haven't received the order. and they only take money from 10-2pm.

[dianna832]

If it was me, I would give it a try though. I'm sure that they enter all hearing decisions the same day...

If he's in Lumpkin then his court was in Atlanta, am I right? If so, did you call this number (404) 331-0907 ?

[Caribbeanman]

Dianna i think she is worried about the order of release i don t know what her lawyer told her but this is weird cuz they put your info the same day that you get the judge's approval for bond...

[Caribbeanman]

Dianna i think she is worried about the order of release i don t know what her lawyer told her but this is weird cuz they put your info the same day that you get the judge's approval for bond...

[mandee3911]

now i'm worried if i'll make it on time, I have to wait for my grampie to get here, and thats 45 min, then that would mean we would leave around 11. and mapquest says 2 hours and 42 min if i have the right address. Then I would be there 15 min until 2 which is when they stop accepting payments. Then also I'm not sure if they take payments on Friday, cause the paralegal said she thought it was only tuesday and thursday, but I can't find out anything!!!! AGH

[Caribbeanman]

Mandee is this order of release something that ICE have to have as proof that he got bond?

[mandee3911]

yea thats what i'm thinking.

[Caribbeanman]

Well i think that ICE already knows he has bond cuz the DHS attorney has to inform ICE that same day of the outcome of the hearing....so you should not hesitate.

[mandee3911]

i guess i'll go and try, i just hope i have the right address. tyvola rd. in charlotte is what i have.

[mandee3911]

So I guess I am waiting until Tuesday, I'll leave monday night and go and pay it in atlanta, I can't do 16 hours of driving in 1 day and still go to work.

[mandee3911]

so what will happen when I pay? Will the office in Charlotte just send or call the detention center and tell them or what? Also it should be in their system right? since his court was last thursday.

[dianna832]

Well, I guess that depends, if the detention center is close to them, someone will go with you because they have to have him sign the bond documents. That's what happened in my hubbys place but again, I think they might have a different procedure.

I'm am quite sure that they have it in their system.

[Caribbeanman]

Dianna she left today to go pay the bond...i hope she gets through.

[dianna832]

That's great!! I'm praying that she's able to get him out today!! :thumbup:

[mandee3911]

well he is home with me, we just got back an hour and half ago. Also, the lawyer said his hearing was pushed back again to april 15th. yay.

[Caribbeanman]

mandee did it go like i told you?...am sure you didnt need that order right?

[Caribbeanman]

Make sure he attends each and EVERY hearing ok?..if he misses one he will be deported no questions asked.

[mandee3911]

Yes I know, Our lawyer is working on continuing his case until the I130 is approved, so far, so good, it went from 2/19 to 4/15. And no I didn't need the order, but his NTA says he EWI. Which is why he couldn't get bail from INS. but the lawyer and INS attorney know he has a visa thats the only way he got bond and such a low one. I took 4 hours to post the bond, then we didn't get to where he was at til 10pm. It has been a long 2 days.

[Caribbeanman]

You didnt need the order to get him out right?

[mandee3911]

no order needed. but i was cutting it close because they said it was taking 3 business days to show.

[dianna832]

WooHoo Mandee I'm so happy for you guys, I know how it feels to have him out!!. Yay!! You and I are in the same step, exept my hubby has his hearing in March. I was pretty confident that they would delay your hearing since they did that to my hubby. Well now its time to wait for the I-130 to be approved. I haven't even received a receipt yet...

[Caribbeanman]

Dianna that will take some time especially if youre in removal proceedings cuz when the service center finishes the preliminary processing they will transfer it to your local office and it will be like 6-9 months before you get your interview and that's hoping the get his A file to conduct the interview cuz it's takes a few weeks for them to get the A file.

[dianna832]

Yea I believe you, because it took them 4 months after posting bond to transfer his file from Louisiana to Memphis.. but don't I get a receipt before it begans processing?

[mandee3911]

yea you should. We sent our I-130 Jan. 15th (before he was officially in proceedings but we put we think he will be in them shortly) Our lawyer still hasn't gotten the receipt but she says it should be soon, its been taking I guess around 5 weeks to get them. And as soon as she gets it, they're going to file to continue his case before his hearing so then it would be postponed longer. Which would be good because That driving is sooo long. and Atlanta is horrible.

[dianna832]

Oh yeah, I've been to Atlanta... the traffice is just horrible their and I come from Houston which is also swamped by traffic during rush hours..

I didn't know that you could file to postpone your hearing...

[Caribbeanman]

Yes Dianna you get a reciept before the actual processing

[Caribbeanman]

Mandee where is his hearing?..Atlanta?...you know you can have it transfered closer to you right?

[mandee3911]

what court is closer? Atlanta is the "southeast" immigration court. I'm just letting the lawyers handle it, they're done it before, they are doing it now with others.

Dianna, you have to request a motion to continue 2 weeks before the court and it has to be approved. I don't know if only lawyers can do it, but thats what ours is doing,

[Caribbeanman]

So what youre saying is the ONLY immigration court in your area is Atlanta?...i doubt that and i know your lawyers will have to handle it cuz the normal person could request it but if ou have a lawyer which you do then he will have to file a motion for a change of venue.

[Caribbeanman]

Dianna you can't really file a motion to pospone your case...if for some reason your husband OR mandee's husband can't make his hearing date your lawyer will file a motion of continuance now this is only offical until the Judge signs it and the court will give you a next hearing date.

[Caribbeanman]

You all prepare to go to alot of hearings because if that I-130 is not approved then the Judge CANNOT move forward with the case sometimes what happens is the lawyer can ask the Judge to waive his appreance if he knows the I-130 won't be approved at the time of the court date,however if this continues then the Judge can "adminstratively close" the case pending the I-130 approval (as in my situation right now) what this means is that as soon as the I-130 is approved by the local office my lawyer will file a motion to re-calendar the case and then the case will be on the Judge's docket and then it can then move forward to the "indivdual hearing" biometrics and AOS adjucation.

[mandee3911]

Our lawyer said as soon as she receives the I-130 receipt she will apply to continue the case later than april 15th where we wouldn't have to go.

[Caribbeanman]

That's call a motion to waive his appearance.

[mandee3911]

oh, but we could make it, its not because he couldn't go, she's just trying to waive it until his I-130 gets approved. anyways, question off topic, do you think he'll get in trouble walking down the road. He walked to get his hair cut today and left his phone at home and i'm worried.

[dianna832]

Did they not give him a receipt where he paid his bond? If so, he should carry it around, just in case ICE wants to do something. He could use that to prove he's already in removal proceedings. But really, I don't think they will get him walking to get a hair cut... don't worry :)

[mandee3911]

yea he's already home, the thing is in Wake county here, they have premission to turn them over for anything, The police are allowed to question them. So I worry about him wandering around outside alone. But its nice having him home, the house is going to be clean in no time (i'm not a "cleaner") He did the kitchen yesterday, today he said he's doing the bathroom (which is gross) which will be nice, and he would "touch up" the kicthen. lol. I like that.

[Caribbeanman]

Mandee relax he'll be ok..lol....as Dianna said and i also asked you he should have a paper stating that he posted bond and it's got his photo on it that's is for identification in case ICE stops him or the cops but even if he doesnt have that if he's stop they cannot do him anythng due to thefact that he's already in remova proceedings.


Your lawyer can still do a motion to waive his appearance because the I130 is not approve also it's not only for if he really cannot make the hearing BUT it is normally granted after a few times being in court i think you gotta go like 2 or 3 times it's not wise to ask for a motion to waive his appearance in the early stages of the case even if you know the I-130 is not gonna be approved

[dianna832]

Hey Carribbeanman, how many hearings have you had? Have you had the Marriage interview for the I-130 yet? (I'm really nervous about that since we got married during the proceedings)

If it has been a long time, in your case for example, do you think is there any way you can check at what point of processing is your I-130 at?

[Caribbeanman]

Hi D,

Ive been to 5 hearings already and all of them got reschdule for another date until recently as of 20th Dec the Judge closed the case....as far as my marriage interview goes no i haven't had that interview yet because we are waiting o the A file to get tothe local office...you should not be nervous if the marriage is a good faith marriage and you have evidence to show the burden is on YOU to show them that even though he was in removal proceedings that wasnt the reason you all got married and if you can show them that then yo'll be fine....My I130 is already transfered to the local office so i know that the A file is the only thing that is delaying the approval hence the reason why the local office is waitibg on Texas to send it to them so he can have the interview but if you wanna know what's going on make an infopass at your local office and ask tem what's the hold up...did they transfer your I-130 to a local office? or is it still a theservice center?

[dianna832]

Well our I-130 is still at the service center... We just filed 1/21/07 and still haven't received our NOA1... so we are not even close yet...

5 master hearings is a ton!! wow... We are having a Telefonic hearing, does that sound weird to you?

I just hope our case doesn't last over a year like yours. It must be a pain.

[mandee3911]

our check was cashed Tuesday, so hopefully we will have a NOA1 soon.

[Caribbeanman]

That's great Mandee!.



Dianna Telephonic hearings are normal so dont worry about it..ask Mandee her husband's lawyer did it..:)

[mandee3911]

I just got the receipt today in the mail. 1 step closer. Bad news though, they changed his judge, the judge we had was the one that everyone wanted, now i don't know how this one will be.

[Caribbeanman]

How you know they changed his Judge?

[dianna832]

Yea my husband had one too for the bond hearing... but I didn't think they would do them for the Master Hearing.. .but ok if you say sooo..

[Caribbeanman]

I just hope you all dont get a hard Judge...although you know my lawyer said no that my case is closed when it do reopens i may not have the same Judge but he told me the Judge that am surpose to get is even nicer than the one that has been hearing my case..:thumbup:

[mandee3911]

well we had the one everyone wanted, its changed because the lawyer sent me a letter and thats what it says, i don't know why, but thats what it says. Our laywer is doing a telefonic master hearing, i think the only one that can't be is the individual hearing.

[Caribbeanman]

Yeah YOU gotta go with your husband to that hearing