Withholding of Removal. How do I retrieve my passport and bond money?

F

fobi

New Member
Hi everyone.

I was recently granted Withholding of Removal and have no govt. issued papers except the short order signed by the immigration judge and the warrant for my arrest.

ICE confiscated my passport when I was arrested. How do I go about getting my passport back? Should I schedule an appointment with my local USCIS office through Infopass? I don't have any photo ID on me yet (still waiting for EAD). Should I wait until I get my EAD before scheduling an appointment?

What about my bond money? How can I get it back?

Thanx in advance for your valuable input =)
 
Based on my experience when my passport was taken away at the time of removal proceedings, it was never returned when I requested it.

Try with your info pass and see what happens.

Good Luck.

Ed
 
fobi said:
Hi everyone.

I was recently granted Withholding of Removal and have no govt. issued papers except the short order signed by the immigration judge and the warrant for my arrest.

ICE confiscated my passport when I was arrested. How do I go about getting my passport back? Should I schedule an appointment with my local USCIS office through Infopass? I don't have any photo ID on me yet (still waiting for EAD). Should I wait until I get my EAD before scheduling an appointment?

What about my bond money? How can I get it back?

Thanx in advance for your valuable input =)
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You need to file form G-884 to your local office or where your case was last heard. My passport was also confiscated. After I was granted asylum, I filed the form and received my passport around three months later.
 
Thanx for the heads up mesbahul! I'll file the form with my local USCIS office.


My brother-in-law called ICE and inquired about the bond money that was paid for my release. He was told that since Withholding of Removal is a temporary status, my case is still unresolved and therefore they will hold on to the money. Does this sound right to any of you? Who should I appeal to?

edit: Found the following:
REFUNDS

When immigration bonds are cancelled, ICE notifies the Debt Management Center of the cancelled bond. After the cancellation is process (and this can take quite a long time, the obligor receives a Form I-391 Notice - Immigration Bond Cancelled. The obligor is instructed to file for a refund of the principal and any accrued interest.

When cash bonds are breached, ICE notifies the obligor through a Form I-323 (Notice - Immigration Bond Breached). ICE is entitled to keep the principal amount from breached bonds. However, the obligor is entitled to receive a payment of accrued interest.

If you have posted a cash bond as an obligor and believe that you are owed monies by the U.S. Immigration and Customs Enforcement pertaining to a cancelled (principal plus interest) or breached (interest only) immigration bond, please follow these instructions:

1. If you have the original bond receipt (Form I-305) and your copy of the bond contract (Form I-352), mail Form I-305 and Form I-352 to the address listed below.

2. If you do not have the original receipt (Form I-305), please complete Form I-395 (Affidavit in Lieu of Lost Receipt of United States Immigration and Naturalization Service for Collateral Accepted as Security) and mail a notarized original to the address listed below. Include a copy of the bond contract (Form I-352) if you have it.

Please forward bond documents or questions to:

Debt Management Center
Attention: Bond Unit
P.O. Box 5000
Williston, VT 05495-5000

* Telephone (802) 288-7600
* Fax (802) 288-1226
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contact the office of chief counsel and ask for the ERO/ DRO's contact. Call them if them to see if they have the passport. Go and collect it right away.. otherwise it will be sent w your file where ever it goes.... hope this helps. g'luck!!
 
mesbahul said:
You need to file form G-884 to your local office or where your case was last heard. My passport was also confiscated. After I was granted asylum, I filed the form and received my passport around three months later.
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does that include getting your birth certificate and other identity documents back or just the passport? And would USCIS object to returning your passport from COP after the grant of asylum and before getting the green card?

And what's the appropriate filing address if one is filing to the NYC district office?
 
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I was able to get the passport, a week after termination of removal proceedings. Just call in advance to the DRO/ERO to make sure they in fact do have the passport in their possession. This was in Miami, FL. I don't know how would other locations differ, but I would assume the same office keeps hold on the passport.
 
WOR is an interim benefit. They agree not to remove you to the country where you would be in danger but, that's it. If the opportunity arises to remove you to another country, they can and will. The Bond does not have to be cancelled and returned until you are produced for removal upon request.

Below is a link to some Administrative Decisioins. categories G covers bonds. I think yours would be in G1. Perhaps you will get some more insight on the issue there.

http://www.uscis.gov/portal/site/us...nnel=0609b8a04e812210VgnVCM1000006539190aRCRD
 
fat_face said:
does that include getting your birth certificate and other identity documents back or just the passport? And would USCIS object to returning your passport from COP after the grant of asylum and before getting the green card?

And what's the appropriate filing address if one is filing to the NYC district office?
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The passport usually stays with your A-file if you don't ask them to return it.
The I-485 or N-400 adjudicator most likely will find your passport in your A-file when he/she adjudicates your I-485 or N-400 application. It doesn't hurt if you don't ask them to return it. What will you do with your COP passport anyway?
 
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Withholding of Removal, itself, does not qualify for adjustment of status. The person granted WOR, was ordered removed for a reason. If that reason would prevent admmission and a waiver is not available and if one is but is not granted in their discretion, then even an IR of a USC could not adjust.
 
assylum said:
The passport usually stays with your A-file if you don't ask them to return it.
The I-485 or N-400 adjudicator most likely will find your passport in your A-file when he/she adjudicates your I-485 or N-400 application. It doesn't hurt if you don't ask them to return it. What will you do with your COP passport anyway?
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I dont need it for anything, and plus its expired But i guess i'd like to hold on to it just like people would with any other expired passport. What about the original Birth certificate from COP, can i ask them for that at least?
 
fat_face said:
I dont need it for anything, and plus its expired But i guess i'd like to hold on to it just like people would with any other expired passport. What about the original Birth certificate from COP, can i ask them for that at least?
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You can give it a try.
Why do you want it back? Your I-485 can still get adjudicated because it is already in your A-file.
 
assylum said:
You can give it a try.
Why do you want it back? Your I-485 can still get adjudicated because it is already in your A-file.
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:confused: how can it get adjudicated when havent even applied for it yet?
 
fat_face said:
yeah but still, what does the adjudication of i485 do with me getting my passport or birth certificate back from Uscis?
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You would have to present them to USCIS in conjunction with you applications anyway, at your interview. If you don't need them for another purpose right now, you can wait and ask for them in person at an interview.

If you do need them then form G-884 is your option.
 
fat_face said:
yeah but still, what does the adjudication of i485 do with me getting my passport or birth certificate back from Uscis?
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Because it will cause your file to move from the storage center to different offices. Trust me, you don't want your A-file to keep moving around especially if you are close to filing your I-485.
One of the reasons of the slow process is that staff sometimes forget to update the most recent location of the A-file in the automated tracking system.

Wait until you get approved and then start asking them for your document.
 
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