Waiver Of Exclusion, When Deported/blacklisted

[Call me bubba]

much has been said about getting visas,extending our visas/Acr etc etc,

but not anything has been posted about if you or a friend/family member is deported and you wish/want/need to return..

I have found an article from DEAR PAO, that could answer some of the unanswered questions we(the forum) may have,but not yet discussed.

My Japanese husband was deported from the Philippines in 2010 for having overstayed in the Philippines for many years. He wants to go back to the Philippines now to be with me and our children. Is this possible?

Noriya

Dear Noriya,

Deportation is the administrative proceeding of removing a foreigner from the territory of a country where he is.

It is a means in which a non-citizen who is sojourning or residing in a foreign country is removed or deported to his own country after being adjudged by competent authority to be in violation of immigration laws or has been declared a clear and present danger to the tranquility of the community

(An Outline of Philippine Immigration and Citizenship Laws, Vol. 1 (2006 Ed) by Ronaldo P. Ledesma, page 284).

The grounds for deportation in the Philippines are enumerated in Section 37 of Commonwealth Act No. 613 or the Philippine Immigration Act of 1940.

A foreigner who is ordered deported by the Commissioner of Immigration in any of these grounds shall be prevented or excluded from seeking entry in the Philippines (Section 29(a)(15), Commonwealth Act No. 613).

To this effect, the name of the deported foreigner will be blacklisted by the Bureau of Immigration.

We sympathize with the predicament that you and your children are experiencing brought about by the deportation of your husband.

As mentioned above, he will not be allowed to enter the Philippines again as a consequence of his deportation.

This rule, however, admits certain exceptions. Section 29 (a)(15) of our immigration law allows the Commissioner of Immigration to grant a waiver of a deported foreigner’s exclusion, to wit:

“Sec. 29. (a) The following classes of aliens shall be excluded from entry into the Philippines:

xxx

(15) Persons who have been excluded or deported from the Philippines, but this provision may be waived in the discretion of the Commissioner of Immi-gration:

Provided, however,

That the Commissioner of Immigration shall not exercise his discretion in favor of aliens excluded or deported on the ground of conviction for any crime

involving moral turpitude or for any crime penalized under Sections Forty-Five and Forty-Six of this Act

or on the ground of having engaged in hoarding,

black-marketing or profiteering

unless such aliens have previously resided in the Philippines immediately before his exclusion or deportation for a period of ten years or more or are married to native Filipino women;

xxx”

Hence, being the legal spouse, you may make a request to the Commissioner of the Bureau of Immigration for the waiver of the exclusion of your Japanese husband

If your request is granted, his name will be removed from the Blacklist and he will be allowed to enter the Philippines to be with his family again.

http://www.manilatim...er-of-exclusion

Edited May 10, 2012 by Call me Bubba

[mariposa]

Ok since my friend you posted about the Deportation and to enlighten the members of this wonderful forum I will share docs so that you will know how to lift the case when you encounter this kind. Pls. see my gallery I dont know how to post pics here or attach docs. thanks

Edited May 10, 2012 by Jollygoodfellow
-added gallery images

[Mike S]

:th_noproblem: ......... Some have found it easier just to leave off part of their name and request an new passport under the new name ..... it seems to work ..... :whistling:

[Jollygoodfellow]

Pls. see my gallery I dont know how to post pics here or attach docs. thanks

Click on more reply options, bottom right

Then do this or read this. http://www.philippin...ial/#entry47491

[Campero]

Hmmmm.......

I don't understand how a westerner or a Japanese National could find themselves in this situation personally.

Why would you move to another country illegally, if not for economic or political asylum reasons? The Philippines is certainly not going to welcome you with open arms if you claim either of these reasons.

I have never had a problem obtaining one year multiple entry visas for the Philippines. Mind you, these are visit visas, but with that being said, I most definitely follow legal procedures (Which I am well acquainted with) to obtain my legal residency if I was ever to move to the Philippines.

As an American citizen, I detest illegal aliens in my own country and I would not become one in any other country in the world, Philippines included.

Look at statistics for illegal aliens in the USA and you will find the Philippines ranked fairly highly, especially for being so geographically remote to the USA. Two wrongs don't make a right.

Why would anyone put themselves in such a situation?

Really, get a horse if you are illegal. There is absolutely no reason for this. This signifies to me that you were unsuccessful in your previous life away from the Philippines and chances are that you are not going to better your economic outlook in the near future if you fall into this category.

This post is not targeted at any ONE individual, but anyone that is in this situation............I remember reading a few years ago about an American BEGGING someplace in a park in Manila and I thought how humiliating to even be associated with this person by nationality.

I don't know..............I type fast and I am drinking some homemade Mango Melomel..............as alcohol is illegal here.

Butthead "uh huh huh"

Best Regards,

Campero

[Mike S]

Yea .... I remember one such guy that used to bitch and moan about illegal ailens in the US and come to find out he was one here ...... go figure .... :mocking:

[Jollygoodfellow]

I don't know..............I type fast and I am drinking some homemade Mango Melomel..............as alcohol is illegal here.

:lol: Come on, read your whole post again, here you are detesting any illegal activity and you blew it by the above sentence. Just giving you a hard time, :mocking:

[Campero]

I don't know..............I type fast and I am drinking some homemade Mango Melomel..............as alcohol is illegal here.

:lol: Come on, read your whole post again, here you are detesting any illegal activity and you blew it by the above sentence. Just giving you a hard time, :mocking:

Heh! I think I would enjoy an afternoon beer drinking session with you.

I was pretty lit when I posted that, but I will stick by it.

Thanks for rattling my cage and poking with a sharp stick.

Regards,

Campero

[mariposa]

ay thank you boss for posting :cheersty: :dance: Its not yet finish I cant post the letter request, petition to lift and the order of lifting will get it back to this topic soon been so busy...

[Call me bubba]

here is some latest info regarding this situation

this is about Appealing Inclusion on the BI BLACK list

Dear PAO,

I have a Japanese friend and it seems that his name appears in the black list of the Philippine immigration. What should he do in order to clear his name from that list?

Ezra

Dear Ezra,

You did not mention in your letter whether or not it is actually your friend who is in the black list of the Bureau of Immigration. It is essential to know this first with certainty in order to properly remedy his situation.

Assuming that it is your friend who is actually in the black list of the Bureau of Immigration,

he will not be allowed to enter the Philippines. It will, thus, be essential for him to request that the black list order issued against him be lifted and that his name be removed from the said list.

If it was the Bureau of Immigration which gave out the black list order issued against him,

he must submit a duly-notarized letter addressed to the Commissioner of Immigration requesting the lifting of the aforementioned order. He should explain in his letter the reasons why he is asking for the same as well as his willingness to pay the fines or penalties due him,

if there be any. It is likewise advisable for him to state in his letter why he desires to enter the Philippines.

However, it is worth noting that your friend’s request may be denied on any of the following grounds:

(1) if he has been convicted of any crime involving moral turpitude or of any crime penalized under Sections Forty-Five and Forty-Six of Commonwealth Act No. 613; and

(2) if he has been engaged in hoarding, black-marketing or profiteering, unless he has previously resided in the Philippines immediately before his exclusion or deportation for a period of ten years or more or is married to a native Filipino woman (Section 29, Commonwealth Act No. 613).

Suppose it is not your friend who is in the black list but only someone who has the same name as his, he may apply for a clearance before the Bureau of Immigration.

As part of the requirements for the issuance of the clearance, your friend must submit the following:

(1) Clearance certificate issued by the office, agency or court from which the black list order originated, stating among others that he is not the person against whom the order was issued;

(2) Affidavit of denial executed by him;

(3) Copy of the bio page and travel stamps of his latest passport;

(4) His recent photo; and

5) Payment of fee.

Once he has complied with the above-stated requirements and such certificate has been issued in his favor, he must present the same upon his arrival in our ports of entry.

http://manilatimes.net/index.php/dear-pao/34130-foreigners-can-appeal-inclusion-in-bi-black-list