The Bureau of Immigration (BI), an arm of the Department of Justice, is tasked to ensure compliance of all Philippine laws by foreigners. As a consequence of a foreigner’s non-compliance with our laws, blacklist orders, deportation and hold-departure orders may be issued. My aim here is to be able to sufficiently answer all queries regarding the petition to lift one’s name from the Black List of the BI.
Immigration Administrative Circular No. SB-2014-001 prescribes the periods for lifting of entries from the BI Blacklist. Recognizing the fact that the gravity of the violation committed by a foreign national varies, the BI came up with these guidelines in order to distinguish the gravity of violation and to guide the Bureau in its exercise of discretion anchored on public interest and general welfare.
The following time frames corresponding to the immigration violation are required to lapse prior to giving due course to the motions to lift entries included in the blacklist.
A. Three (3) months from date of actual implementation of the exclusion order for foreign nationals who were excluded under the following grounds:
1. Public charge
3. Member of a family accompanying an excluded alien and companions thereof
4. Children below 15 years old unaccompanied by parents
6. Improperly documented
B. Six (6) months from date of actual implementation of the exclusion order or inclusion for foreign nationals who were included in the Blacklist under the following grounds:
1. Deported by virtue of a Voluntary Deportation Order
2. Overstaying for less than one year
C. Six (6) months after being cured of the condition or illness for foreign nationals who were excluded under the following grounds:
2. Afflicted with loathsome or dangerous and contagious disease
D. Twelve (12) months from date of actual exclusion or implementation of deportation order for foreign nationals who were excluded/deported under the following grounds:
1. Prostitutes of procurers of person who came for any immoral purpose
2. Person who practice polygamy or who believe in or advocate the practice of polygamy
3. Paupers, vagrant and beggars
4. Unskilled manual laborers
6. Those who entered the country through misrepresentation
7. Those who entered the country without inspection and admission
8. Those who are drunk and disorderly at the port of entry
9. Those who refuse to comply with inspection procedures
10. Those who display unruly behavior or discourtesy to immigration official
11. Illegal entrants
12. In violation of the condition of limitation of stay
13. Overstaying for more than one year
14. Cancelled visa
16. Improperly documented
E. Five (5) years from date of actual implementation of deportation order for foreign nationals who were deported under the following grounds:
1. Engaging in profiteering hoarding, or black-marketing
2. Defrauding of creditors
F. Ten (10) years from date of actual exclusion or implementation of deportation order for foreign nationals who were deported under the following grounds:
1. Conviction for a crime involving moral turpitude
2. Conviction for a crime under Section 45 and 46 of the PIA, Alien Registration Act ; 25 or the Naturalization Law26.
WHO ARE NOT QUALIFIED TO FILE THE PETITION. If the foreigner is involved in subversive activities or is convicted of a crime involving prohibited drugs or is a registered sex offender, then he or she cannot ask for the lifting of his or her name from the blacklist. Such requests will automatically be denied.
If the ground for exclusion is for more than one offense, the longest period shall be observed.
Foreign nationals who were deported on the ground of being a fugitive from justice shall be required to observe the time frame prescribed in the preceding paragraphs corresponding to the crime (or otherwise analogous to the crime) to which he was charged.
THE POWER OF THE COMMISSIONER. The Commissioner may waive the period prescribed herein for humanitarian, economic, political reasons. It appears therefore that notwithstanding the guidelines set forth above, the petition to lift one’s name in the blacklist may be granted if your lawyer is able to argue yoru case well.
HOW AND WHERE TO FILE. All Requests for lifting of entries from the Blacklist shall be addressed to the Commissioner and filed at the Main Office, stating therein the nature of the request with attached duly authenticated/certified true copies of documents to prove that the ground for inclusion in the Blacklist no longer exists. Requests filed within the periods prescribed herein do not however guarantee its approval. Conversely, filing of requests outside the prescribed periods may automatically cause its disapproval unless the said request is meritorious as to constitute a waiver of the periods herein prescribed.
Should you have further queries on the topic, please do not hesitate to contact us. You may send an email to email@example.com or visit our office at the 7th Level, Cityland Herrera Tower, Rufino corner Valero Streets, Salcedo Village, Makati City.