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Ice i-395 9/16 Form: What You Should Know

ICE Form I-405; Form I-405, Affidavit Confirming Status for United States Immigration Bond; or other document authorizing an officer and authorized representatives of the Department of Homeland Security to collect the fee, a notary seal, a photograph, or other proof of identity or identity and residency information under ICE. The Department of Homeland Security is issuing a Notice of Proposed Rule making with respect to fee payments associated with nonimmigrant alien status. See, e.g., Notice of Proposed Rule making, 75 Fed. Reg. 24,807 (Jan. 6, 2016). There are two different fees to be paid to the immigration authorities: the annual fee for applying for I-208 and the fee for providing the identity and residency documentation required to obtain a United States  immigration bond. The annual bond, which is approved separately for each of the principal categories of nonimmigrants covered by the Immigration and Naturalization Act (INA), is 400 for a single alien and 10,500 for married and unmarried children of the principal alien. A bond is not required for an I-208 applicant who is employed or self-supporting or who is a spouse, child, or unmarried sibling of a U.S. citizen. A nonimmigrant alien is either an applicant for an immigrant visa who is issued a visa to enter the United States, or an applicant seeking to be admitted to the United States and residing in the United States as an approved nonimmigrant visitor pursuant to the Immigration and Nationality Act (INA). The Act imposes a number of conditions on admission into the United States. The I-208 application is one of the five types of nonimmigrant applications that the Act authorizes the Secretary of Homeland Security to “issue a visa to an alien under the INA” (see 13 CFR § 240, note 1) or “adjudicate” (see 13 CFR § 212). (A nonimmigrant visitor is not an applicant for a visa or an approved nonimmigrant in the INA; she is an application under this Act; see 13 CFR § 208.2.) Notice of Proposed Rule making, 75 Fed. Reg. 24,807.  See 13 CFR § 212.3.  Referenced in this notice are regulations and rules implementing 13 CFR § 212.3, which establishes a minimum fee for processing immigration bond applications. The minimum fee for processing bond applications is based on a specified percentage of the applicant's monthly net income.

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