By: Alexander Llanes Acain Jr. Esq.
On February 04, 2014, the Bureau of Immigration and Deportation through then immigration commissioner Siegfred B. Mison issued Immigration Administrative Circular SBM-2014-001 prescribing periods for the lifting of entries in the immigration blacklist. You can download a copy here.
This clarifies the period and policy for the lifting of a person's name on the immigration blacklist. The periods clearly distinguish the gravity of each violation, and for every violation, there is a certain time frame that is required to lapse prior to giving due course to the Petition or Request Letter to lift entry in the immigration blacklist. For instance, those who display unruly behavior or discourtesy to immigration officials, a 12 months waiting period is required to lapse before a Request Letter or Petition can be filed. The 12 months period, in this case, will have to be reckoned from the date of actual exclusion or the implementation of the deportation order. Simply put, you cannot file the Petition earlier than the required period for lifting corresponding to your violation because this will be premature and it will cause the outright dismissal of your Petition. But of course, there are exceptions to this rule. The immigration Commissioner may allow you to file the Petition earlier than what the period for lifting provides for humanitarian reasons.
I have to clarify that the filing of Petitions or Request Letters within the prescribed period is not a guarantee that the Letter Request will be granted. This matter is purely discretionary on the part of the Commissioner of Immigration. For those who have been blacklisted for discourtesy to an immigration officer, it is required that you submit an apology letter addressed to the offended immigration officer showing remorse and a Police Clearance issued by your country of residence and Apostilled will also enhance your chances of approval. In some instances, the immigration official at the Airport whom you insulted also needs to accept your apology in writing. At the very least, the Supervisor should have noted your Letter of Apology to be sincere.
For registered sex offenders or to those who have been accused of sexual crimes, the legal remedy of lifting your name in the immigration blacklist is not available at the Bureau of Immigration. So, your letter request or Petition will not be entertained or will be dismissed outright by immigration.
In fine, removing a person's name in the immigration blacklist seemed very easy and elementary, but in reality, this is easier said than done.