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Are you on the Philippine immigration blacklist and banned from entering the country? Learn what the blacklist is, why people get blacklisted, and the steps to remove your name through a petition process.

The Philippine Bureau of Immigration (BI) maintains a blacklist, also known as a derogatory list or watchlist, that contains the names of foreign nationals who are banned from entering or staying in the Philippines due to immigration violations or being deemed undesirable aliens. Being included in the blacklist can have severe consequences, however, there is a process to petition for removal of one's name from the blacklist.

What is the Philippine Immigration Blacklist?

Grounds for Blacklisting

The Philippine Immigration Act of 1940, as amended, outlines various grounds why a foreigner nationals can be deported, excluded, and blacklisted. Some of the common reasons for being blacklisted include:

• Overstaying beyond the authorized period
• Misrepresentation or fraud to obtain entry
• Violating conditions of admission
• Engaging in illegal activities like overstaying/undocumented employment
• Conviction for crimes involving moral turpitude
• Being a registered sex offender or convicted of drug crimes
• Believed to be engaging in subversive activities

Consequences of Being Blacklisted

Foreign nationals blacklisted by Philippine immigration are banned from entering the country. Their names are watchlisted, and they can be turned away at ports of entry or arrested if caught illegally present in the Philippines after deportation.

The Blacklist Removal Petition Process

Waiting Periods Before Petitioning

There are prescribed waiting periods before a blacklisted individual can petition for removal, based on the grounds for blacklisting or severity of the immigration violation. This can range from 3 months to 10 years or potentially a permanent ban. The periods are outlined in Immigration Administrative Circular No. SBM-2014-001, which provides a framework for the Bureau's exercise of discretion in lifting blacklist entries.

A. Three (3) months from date of actual implementation of the exclusion order

Foreign nationals who were excluded under the following grounds:

1. Public charge
2. Incompetent and companions thereof
3. Member of a family accompanying an excluded alien
4. Children below 15 years old unaccompanied by parents
5. Stowaways
6. Improperly documented

B. Six (6) months from date of actual implementation of the deportation order or inclusion in the Blacklist

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 that exclusion

Foreign nationals who were excluded under the following grounds:

1. Insane
2. Afflicted with loathsome or dangerous and contagious disease

D. Twelve (12) months from date of actual exclusion or implementation of deportation order

Foreign nationals who were excluded/deported under the following grounds:

1. Prostitutes or 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
5. Indigent
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
15. Undocumented
16. Improperly documented

E. Five (5) years from date of actual implementation of deportation order

Foreign nationals who were deported under the following grounds:

1. Engaging in profiteering, hoarding, or black-marketing
2. Defrauding of creditors
3. Undesirability

F. Ten (10) years from date of actual exclusion or implementation of deportation order

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 or the Naturalization Law

G. Not qualified for lifting

Foreign nationals who were excluded/deported under the following grounds shall not be qualified for lifting of entries from the blacklist unless otherwise ordered by the Secretary of Justice

1. Involvement in subversive activities
2. Conviction for a crime involving prohibited drugs
3. Registered sex offender

Filing Requirements

To initiate the process of lifting one's name from the blacklist, a written notarized request or petition must be addressed to the Commissioner and filed with the Bureau of Immigration Main Office in Manila. The petition should include the following:

1. A detailed explanation of the circumstances surrounding the immigration violation (reason why being blacklisted) and the reasons for seeking delisting 
2. Duly authenticated or certified true copies of documents supporting the immigration violation, such as No Derogatory Certificate, Blacklist Order Verification, Blacklist Order and/or Order to Leave, and Travel History. Include a photocopy of the bio-page of the petitioner's passport 
3. Duly authenticated or certified true copies of documents supporting the claim that the grounds for inclusion in the blacklist no longer exist.
4. Proof of payment of applicable fees and charges
5. A sworn certification stating that there are no other pending actions or claims involving the petitioner and that any future actions will be reported to the BI 

It is advisable to seek the assistance of a knowledgeable immigration lawyer to navigate the legal complexities and improve the chances of a successful petition.

Evaluation and Decision

The petition undergoes evaluation, and the final decision to lift the blacklist entry ultimately rests with the Board of Commissioners (BOC), which acts as a collegial body.

The BOC will consider factors such as the gravity of the immigration violation, the petitioner's reasons for seeking delisting, and any special considerations such as humanitarian, economic, or political grounds.

Potential Challenges and Additional Considerations

The process can be lengthy and may take months or even years of persistent follow-up with the BI. It is essential to exercise patience and diligence throughout the process.

Conclusion

Lifting one's name from the Philippine immigration blacklist is a complex and challenging process, but it is possible with the right approach and adherence to the prescribed procedures. By understanding the grounds for inclusion, the prescribed periods, and the petition process, foreign nationals can navigate the system and seek to rectify their immigration status. Seeking the guidance of an experienced Philippine immigration lawyer can significantly improve the chances of a successful outcome.