Most consumers equate an immigration bond to a bail bond as there is an individual in jail that needs to be released on bond. Even though these two types of bonds are similar conceptually, there are huge differences in the cost. An immigration bond is a type of federal civil performance bond whereas as a bail bond is an appearance bond. What this means is that a bail bond is simply a tool used to guarantee a defendant’s appearance for all court dates pending the outcome or more commonly known in the industry, disposition of their case. An uscis immigration bond is a tool used to guarantee that a person living within the United States unlawfully will appear for all of their immigration proceedings until they are either deported, granted residency or leave the country voluntarily in accordance with an order issued by an immigration judge. These bonds are regulated by the Federal Government while bail bonds are regulated by the State in which the bond is executed. For bail bonds, the State typically determines and sets the bail bond premium which in most States is ten percent of the set bond amount.
There is no universal set premium rate for an immigration bond. While the Federal Government ultimately regulates the laws pertaining to these bonds, the premium charged for these bonds is actually regulated by the State in which the contract is executed. In order to post or put up an immigration bond, an agent or agency must be appointed as the attorney-in-fact for an insurance company published in the United States Department of Treasury Circular 570. In other words, the insurance company has credit with the United States Government and is authorized to issue immigration bonds. An insurance company that transacts immigration bonds must file for a premium rate in each State it intends to conduct business. Once the State approves the insurance company’s rate filing that is the rate they must charge to all clients in that particular State.
What this means is quite simple; different insurance companies have different premium rates for immigration bonds. This is exactly what many consumers don’t understand and because of this, they ultimately end up paying excessive premiums on these bonds. Company A may charge a renewal premium each year meaning that every year the case goes on, the consumer must pay a new premium. Company B may charge a one-time premium and Company C may charge something else. Some companies even impose a minimum number of years their contract is valid. So, even if the case ends before one year, the consumer must still pay another year’s premium. Immigration bonds typically remain active for several years and in some rare cases have even been known to remain active for so long that a consumer may end up paying the entire amount of the bond (and possibly more) in renewal premiums!
