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Second wife can also be held liable for the crime of bigamy
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What to do when you have overstayed your temporary stay?
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What is your legal remedy if your name is included in the immigration blacklist?

Second wife can also be held liable for the crime of bigamy

 

Check this out. I was interviewed on CNN Philippines in February this year where I discussed the latest decisions of the Supreme Court about the crime of Bigamy. The Supreme Court recently held that the knowledge of the second wife of the fact of her spouse’s existing prior marriage constitutes an indispensable cooperation in the commission of bigamy, which makes her responsible as an accomplice.

If you have questions about this video post or will require a legal advise, please email me alexacain@gtalawphil.com or SMS me +63 917 5002878 or viber me +63 917 5002878.

What to do when you have overstayed your temporary stay?

I have noticed a significant increase of the number of temporary visitors who have overstayed their allowable stay in the country. If you are one of those mentioned and clueless on what do then this is for you. You can simply go to the nearest immigration office in your area and request for an extension provide that your overstay is less than six months. Please see the link and contact details of the different Immigration Field Offices. nationwide.

You have to apply for a visa waiver if your initial admission was for 30 days prior to granting an additional stay of another twenty nine (29) days. You may apply for one (1) month, two (2) months or six (6) months extensions at least one week prior to the expiration of your 29 days authorized stay.

Non-visa required national may now extend their stay up to thirty six (36) months while visa required nationals may extend their stay up to twenty four (24) months as per Memorandum Circular No. SBM-2013-003.

Foreign nationals who have overstayed for more than six months but not more than 12 months will have to apply for extension at the Immigration main office in Intramuros. You have submit an Affidavit of Explanation stating valid grounds with supporting documents why you failed to extend your stay. The application will require the approval of the Commissioner.

Foreigners who have overstayed for twelve (12) months or less but have been in the country beyond the maximum allowable period already may be permitted to update their stay with order to leave the country within fifteen (15) calendar days therefrom and their names may be included in the Bureau’s blacklist upon the discretion of the Commissioner. The Commissioner, in the exercise of sound judgment, may allow such foreigners to update and extend your stay taking into consideration their Filipino lineage, medical condition, minority and other analogous circumstances.

Foreigners who have overstayed for more than twelve (12) months regardless if their stay is within the maximum allowable period or those found to be overstaying by virtue to a complaint or Mission Order regardless of the period shall be referred for deportation.

In addition to the extension/ updating fees and other charges, you will be required to pay all immigration arrears imposed by Republic Act No. 562, as amended.

Foreign nationals who have been Ordered deported for overstaying or those who have been Ordered to leave the country will have to secure National Bureau of Investigation (NBI) clearance, Emigration Clearance Certificate (ECC) and a confirmed ticket. Your passport will be given to you by an immigration officer at the airport prior to your departure.

If you have questions about this Article or will require a legal advise, please email me alexacain@gtalawphil.com or SMS me +63 917 5002878 or viber me +63 917 5002878.

What is your legal remedy if your name is included in the immigration blacklist?

 

When i think of the word “Blacklist”, the images that come to mind are the images of the American Crime drama series on NBC “The Blacklist” or my favourite first person shooter game on Xbox 360 – Tom Clancy’s Splinter Cell also titled “The Blacklist”.

But in immigration parlance, this is no Xbox 360 or Ps3 games or something you watch on NBC. This is an episode in the life of a foreign national which is something traumatic, if not, life changing to some people – for having been barred from entering Philippines forever. The Bureau of Immigration and Deportation has various grounds for the inclusion of a foreign nationals’ name in the immigration blacklist. The common reasons why foreign nationals are blacklisted by immigration are overstaying, public charge or undesirable aliens.

If you are a foreign national whose name is included in the immigration blacklist, your legal remedy is to write a letter request in order to lift your name in the blacklist.

This should be addressed to the Commissioner of Immigration at the Main Office in Intramuros, Manila. Attached to your letter request are documents showing that the ground for your inclusion in the immigration blacklist no longer exist. All documents obtained abroad should be authenticated by the Philippine Embassy. More often than not, a simple letter request goes to the shredder. I mean, the procedure for lifting the blacklist seemed very easy (writing a letter request) but it is more uphill than you think. Writing a letter, though is not a guarantee that your request will be granted.

Under the latest Issuance by the Bureau of Immigration, there are periods when to timely file your Letter Request in order to lift your name in the blacklist. For instance, those foreign nationals who have been blacklisted for overstaying in the Philippines can only file the Request or Petition Six (6) months after your blacklist. You can see the actual date of your blacklist in the Blacklist Order. But if the overstaying is more than one year, you can only file the Request or Petition 12 months after your Blacklist Order. Your Request or Petition will be dismissed outright if you file it prematurely. It is important to find out the actual date of your Blacklist Order (BLO) in order to avoid outright dismissal of your Request or Petition.

There are foreign nationals, by reason of the gravity of their cases, are not qualified for lifting of their blacklist at the level of the Bureau of Immigration Commissioner. These are foreign nationals who have been blacklisted by reason of their involvement in subversive activities; conviction of a crime involving prohibited drugs and those who are Registered Sex Offenders. These cases require special approval by the Secretary of Justice to lift their names in the blacklist.

There are also fees that you have to pay to the Bureau of Immigration when you file your Request or Petition. Of course, you have to pay the minimal filing fees. If your request is granted, you will also pay a lifting penalty of Php55,000.00. You can see this in the Lifting Order issued by the Bureau of Immigration. You also have to pay the unpaid overstaying fees, if any, plus penalties when you have been blacklisted for overstaying. You have to settle all these fees as soon as possible, otherwise the Lifting Order will not be implemented and your Blacklist Order will remain in the immigration database.

If you have questions about this Article, please email me alexacain@gtalawphil.com or SMS me +63 917 5002878 or viber me +63 917 5002878.

Copyright © 2014. Created by Alexander Acain Esq.