Form I 352 – Fill Out and Use This PDF

	U. S. Department of Justice	OMB No. 1115-0085
		Immigration Bond
	Immigration and Naturalization Service

INSTRUCTIONS

(READ INSTRUCTIONS CAREFULLY)

This bond may be executed by either an acceptable surety company (surety bond), or any other obligor who deposits United State bonds or notes (Treasury bond) or cash (cash bond) as security for performance and fulfillment of the undertaking thereon. The party executing the bond is the principal obligor. An acceptable surety company is one that appears on a current Treasury Department Circular 570 as a company holding the requisite certificate of authority to act as as surety on Federal bonds. A bond executed by a surety company must have a currently valid power of attorney showing the authority of the agent of the surety company to execute the bond attached. Powers of Attorney do not have official form numbers. They differ from state to state and from company to company. Any agent of the surety shall be a party to this bond agreement, and he/she shall sign as a co-obligor in paragraph D. Failure of an agent to sign as co-obligor shall result in rejection of the bond. A co-obligor shall be jointly and severally liable with the surety for any breach of this bond agreement. Only and acceptable surety company is eligible to be the principal obligor on a surety bond (i.e., the liability of a co-obligor is in addtition to, not instead of, that of the principal obligor).

Obligors and co-obligors (if any) shall state their full name and address in Paragraph A, and shall sign the bond where indicated in Paragraph D. Either the obligor or co-obligor, or both, may be corporate entities. In addtion, the obligor for either a Treasury or cash bond must deposit the requisite security and execute the appropriate Power of Attorney (i.e., either Paragraph H or I). This deposit and execution may be made before two officers or employees of the INS who have been authorized to administer oaths pursuant to 8 U.S.C. 1357, and who shall sign as witnesses in Paragraph J. A notory public may witness the obligor's signature in either Paragraph H or I by affixing his/her notarial seal where indicated and showing the date his/her commission expires. No seal is required when officers or employees of the INS witness the transaction. When a notary public witnesses the obligor's signature, INS witnesses must still acknowledge receipt of the security for the bond in Paragraph J.

Only the owner of record may deposit United States bonds or notes. Such bonds or notes must be negotiable and not redeemable within one year of the date of the deposit. Any charges made by the depository for accepting United States bonds or notes must be borne by the alien or the owner of the security.

All erasures and cross-outs must be initialed by all parties. The initials of the parties constitute their acceptance of the changes made. Any erasure of cross-out lacking these initials shall be null and void.

PRIVACY ACT STATEMENT

The authority to prescribe this form is contained in 8 U.S.C. 1103(a), 1183, 1226, 1229, 1229a, 1229b, 1229c, and 1231. Submission of the information requested on this form is voluntary. The solicited information will be used principally by the INS to determine whether the alien for whom the bond is furnished shall be admitted into the United States, or release from INS custody. The information may also as a matter of routine use be disclosed to other federal, state, local, and foreign law enforcement and regulatory agencies, the Department of Defense, including any component the obligor has served in, or is serving, the Department of State, Central Intelligence Agency, Interpol, and individuals and organizations, during the course of investigation to elicit further information required by the INS to carry out its functions. Failure to provide the solicited information may result in the denial of a visa, denial of adjustment of status, deportation/exclusion/removal from the United States, or the continued detention of the alien in INS custody in conjunction with such proceedings.

Public Reporting Burden. Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. We try to create forms and instructions that are accurate, can be easily understood, and which impose the least possible burden on you to provide us with information. Often this is difficult because some immigration laws are very complex. The estimated average time to complete and file this application is 30 minutes per application. If you have comments regarding the accuracy of this estimate, or suggestions for making this form simpler, you can wirte to the Immigration and Naturalization Service, HQPDI, 425 I Street, N.W., Room 4307r, Washington DC 20536. (Do not mail your

completed application to this address.)

Form I-352 Instructions(Rev. 06/23/00)Y

	U. S. Department of Justice	OMB No. 1115-0085
		Immigration Bond
	Immigration and Naturalization Service

GENERAL TERMS AND CONDITIONS

The express language of the bond contract shall take precedence over any inconsistent policies or statements. Federal law shall apply to the interpretation of the contract, and its terms shall be strictly construed.

Provided it has the concurrence of the government, a surety may re-bond the alien at any time and at no expense to the government, provided it does not change the amount of the bond. Cancellation of a bond issued as a delivery bond shall occur upon any of the following, provided they occur prior to the date of a breach: INS' taking the alien back into its custody; deportation/exclusion/removal of the bonded alien; issuance of a new delivery or voluntary departure bond on the bonded alien; grant of permanent residence to the bonded alien; notice of the detention of the bonded alien for 30 or more days pursuant, or prior, to a conviction by local, state, or federal authorities; termination of deportation/removal proceedings (but not administrative closure or stay of such proceedings); death of the bonded alien; valid proof of the bonded alien's voluntary departure; or other circumstances as provided by statute or regulation. Cancellation for these reasons is automatic, and any subsequent appearance demand, or attempt to breach the bond, is null and void. The bond will not be canceled solely because the bonded alien is detained for less than 30 days by any local, state, or federal government agency. Execution of a voluntary departure bond for an alien cancels any existing delivery bond posted on behalf of the same alien, except in the circumstance when an immigration judge grants voluntary departure at the conclusion of a proceeding, and the alien appeals the finding of removability. Nothing in this contract shall affect the obligor's right to raise any defense to a bond breach in a timely administrative appeal. INS shall notify the obligor of a demand to produce the alien, the breach or cancellation of a bond, and any demand for payment of a bond. Paragraph seven of the settlement in AMWEST SURETY v. RENO, No 93-3256 JSL (Shx)(C.D. CA) requires that INS send a copy of any new or amended Notice to Appear or amended Order to Show Cause to the obligor. INS is not required to give the obligor notice of any other actions related to the bonded alien's immigration court proceedings. No demand to produce the bonded alien for deportation/removal shall be sent less than three days prior to sending notice to the bonded alien.

A delivery bond is breached when in response to a timely demand, the obligor either fails to produce the alien at the location specified in that demand. Except for good cause shown, this location shall be the District in which either removal/deportation proceedings are pending, or in which the Immigration Court issued a final order of removal/deportaion. INS shall send notice of a breach of the bond to the obligor on Form I-323, Notice-Immigration Bond Breached, at the address of record. A voluntary departure bond is breached when the obligor fails to present valid proof that the bonded alien departed the United States on or before the date specified in the order granting voluntary departure within 30 days of that date. INS regulations provide that upon notification of a breach, the obligor has 30 days in which to file an administrative appeal or motion for reconsideration of the breach. A breach shall be administratively final if not appealed within this period. No Form I-323 shall be sent to the obligor more than 180 days following the date of the breach, and any notice sent more than 180 days after the date of the breach shall be unenforceable. The date of the breach for a delivery bond is the surrender date specified in the demand. For a volunatry departure bond, it is the 30th day after the date by which the alien was to depart the United States. Failure to send a Form I-323 within 180 days shall have not effect on the status of the bond; i.e., the bond shall remain in full force until and unless properly canceled. In the case of a delivery bond, INS may, unless otherwise precluded by law, send a new timely demand to produce the alien and then breach the bond again if the obligor fails to produce the alien.

A public charge bond is breached when the alien accepts any form of public assistance that leads to a final determination under either 8 U.S.C. 1227(a)(5); 8 CFR 237.10 - 237.18 that the alien has become a "public charge" or under 8 U.S.C. 1182(a)(4); 8 CFR 212.100 - 112 that the alien is likely to become a "public charge." As described in those regulations, the only forms of public assistance that can be considered in making a public charge finding are cash for income maintenance purposes or the government's costs for providing the alien with long-term care in an institution. Liability for such breach shall continue to accrue until the alien ceases to accept the public assistance that was considered in the determination that the alien has become or is likely to become a public charge under the statutes and regulations referenced in this paragraph, except that in no event shall the total liability of the obligor exceed the total amount of the bond. INS shall send notice of the breach to the obligor on Form I-323 as described in the paragraph above.

Demands for amounts due under the terms of this bond will be sent to the obligor after a breach becomes administratively final. If the surety or agent of the surety does not make payments within 120 days of the demand for payment, INS will notify the Department of Treasury of such nonpayment. Each co-obligor agrees that, in the event payment is not made within 30 days of the date of the demand for payment, interest, penalty, and handling charges as provided by the statute and regulation will accrue from the date of the first demand, and will be payable as damages hereunder. The statute of limitations that applies to actions for monetary damages from a breached bond is six years from the date of the breach event. (28 U.S.C. 2415)

Any obligation or duty imposed on an obligor by this contract applies equally to all co-obligors.

Form I-352 Instructions (Rev. 06/23/00)Y Page 2

U. S. Department of Justice

OMB No. 1115-0085

Immigration Bond

Immigration and Naturalization Service

Power No.

(Bonded Alien) File No.

Bond Receipt No.

A. Name of Obligor:

Street address of Obligor:

City, State and Zip Code:

Telephone:

Name of Agent/Co-Obligor (if any-Surety Bonds only):

Address (if different from that of Obligor):

Telephone:

Address to use for notice purposes:

Obligor

Agent

Both

If this is executed by a surety company the rate of premium is:

and the amount of premium is:

.

The name and address of the person who executed a written instrument with the surety company requesting it to post bond is

.

B. Information about alien for whom bond is furnished: Name:

Current Location (i.e., where detained):

Date and country of birth:

Nationality:

Date, port and means of arrival in the United States:

Alien to reside at:

Telephone number at alien's residence:

C. In consideration of the facts recited in paragraph or paragraphs herein numbered

and captioned

(and in any rider

or riders lettered

and captioned

, the above named

obligor and the agent acting on its behalf (if any), by subscribing hereto, hereby declare that they are firmly bound unto

the United States in the sum of

dollars ($

) unless the guarantee

of the bond is that the alien shall not become a public charge, the obligor, and the agent acting on its behalf (if any), declare

themselves bound in such amount or successive amounts as are prescribed in paragraph (G-2) herein as liquidated damages

and not as penalty, which sum is to be paid to the United States immediately upon failure to comply with the terms set forth in

any such paragraph or rider. The obligor and agent further agree that any notice to him/her in connection with this bond may

be accomplished by mail, directed to him/her at the above address. The obligor acknowledges receipt of a copy of the

executed bond and any attached rider or riders specified above.

D. Signed and sealed this

day of

(Month/Year)

(Signature of Obligor)

(Signature of Agent (if any))

31 U.S.C. 7701(c)(1) requires each person doing business with a federal government agency to furnish that agency such person's taxpayer identification number. It is the intent of the INS to use such number for purposes of collecting and reporting information on any delinquent accounts arising out of such person's relationship with the Government. The obligor, surety, or agent must furnish its Taxpayer Identification Number (TIN) to INS. Failure to furnish the TIN will result in a refusal of the bond.

This copy is to be retained by the obligor.

Form I-352 (Rev. 06/23/00)Y Page 1

U. S. Department of Justice

OMB No. 1115-0085

Immigration Bond

Immigration and Naturalization Service

Power No.

(Bonded Alien) File No.

Bond Receipt No.

A. Name of Obligor:

Street address of Obligor:

City, State and Zip Code:

Telephone:

Name of Agent/Co-Obligor (if any-Surety Bonds only):

Address (if different from that of Obligor):

Telephone:

Address to use for notice purposes:

Obligor

Agent

Both

If this is executed by a surety company the rate of premium is:

and the amount of premium is:

.

The name and address of the person who executed a written instrument with the surety company requesting it to post bond is

.

B. Information about alien for whom bond is furnished: Name:

Current Location (i.e., where detained):

Date and country of birth:

Nationality:

Date, port and means of arrival in the United States:

Alien to reside at:

Telephone number at alien's residence:

C. In consideration of the facts recited in paragraph or paragraphs herein numbered

and captioned

(and in any rider

or riders lettered

and captioned

, the above named

obligor and the agent acting on its behalf (if any), by subscribing hereto, hereby declare that they are firmly bound unto

the United States in the sum of

dollars ($

) unless the guarantee

of the bond is that the alien shall not become a public charge, the obligor, and the agent acting on its behalf (if any), declare

themselves bound in such amount or successive amounts as are prescribed in paragraph (G-2) herein as liquidated damages

and not as penalty, which sum is to be paid to the United States immediately upon failure to comply with the terms set forth in

any such paragraph or rider. The obligor and agent further agree that any notice to him/her in connection with this bond may

be accomplished by mail, directed to him/her at the above address. The obligor acknowledges receipt of a copy of the

executed bond and any attached rider or riders specified above.

D. Signed and sealed this

day of

(Month/Year)

(Signature of Obligor)

(Signature of Agent (if any))