Today we got a question from Brian:
This is what Brian had to say:
hi i have a question.
will there be any legal snags if i try to obtain a residence visa with a felony on my record here in the states.. i was young and stupid when this occured and i have met what i hope to be my future wife in the philippines.. and i want to know if there will be any problems in getting approved
thank you
This is John’s reply:
Brian: Honestly, I dont know. The visas require a police clearance. It probably would come down to how serious and how long ago. You could try and have your record expunged or something, but you really would want an attorney consultation. I have heard of people with very old or minor convictions being approved here, but I would not take that statement with any authority.
Bob also replied:
It also depends on the type of crime. A violent crime would be a problem. Some kind of white collar crime generally is not. Good luck to you, Brian.
Applying for a 13A in the PHL no longer requires a police clearance from your home country if you’ve been in the PHL for at least 6 months. An NBI clearance is required.
http://www.immigration.gov.ph/images/FORMS/18Dec2015/BI%20FORM%20V-I-002-Rev%201.1.pdf
Prior to 2013 a police clearance from your home country was not required for a 13A if you applied for the 13A in the PHL. In early 2013 rules were changed so that a police clearance when applying for a 13A visa in the PHL. A couple of years later the rules were changed again to remove the police clearance requirement as long as you are in the PHL for at least 6 months.
(I was caught up in the rule changes. I received my probationary 13A in the PHL in June 2012; no police clearance required. When I went to do the conversion to a permanent in April 2013 that’s when I found out about the rule change. I was living permanently in the PHL at the time and couldn’t get the police clearance done in time. I downgraded to a 9A.)