# Background check



## Asian Spirit (Mar 1, 2010)

John4phil said:


> I live in the United States. I have a girlfriend in the Philippines. I want to retire next year and move to the Philippines to live with her. I have a felony on my record from 32 years ago. Does anyone know if the Philippines does a criminal background check with the FBI in order to grant a visa? Tourist visa? Visa extension? ACR I card? Thank you.


Howdy John,

I think I saw your post on this the other day. The tourist visa is automatically given (without background checks) in the form of a stamp put into your passport at the airport when you arrive here. You can extend that visa every several months, I think it's for up to three years now. At that time you must exit the country (like to Hong Kong and back) and then start again. Through the process there are no background checks -- yet. Just never know as the Philippines like all countries keep changing their laws over time. The tourist ACR card you can also get.

If you get legally married then you can apply through your wife for the 13A (permanent resident) visa. With that visa you never have to leave the country and allows you to open bank accounts and obtain a driver's license here.
Seems like they did a background check on me but don't know how extensive it was.
Just in my opinion though, a felony that many years ago should present no problems--it's ancient history.


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## Hey_Joe (Sep 13, 2016)

You "possibly", repeat, "possibly" may be able to visit as a tourist if you have your passport, but not be able to reside. If your Felony is related towards an offense against Women or Children, don't even bother to try and come here. You will eventually get outed and deported as an undesirable.

You should seek the advice of an Attorney.


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## John4phil (Dec 14, 2017)

The felony was a white collar crime, I stole money from my employer. Non-violent, simply through computer transactions.


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## fmartin_gila (May 15, 2011)

Kinda seems to me that you are making a mountain out of a molehill. Just come here as a tourist(with a "throwaway" ticket to HK or other), get the 30 day stamp, then extend through at least 6 month period, At that point all that is needed is the NBI clearance which will show only any criminal activity in this country.

I also have some nefarious activity's records in my not so illustrious past from the 1950s thru the 1970s in the states and none showed for two NBI clearances I have received during the process of my 13A approval.

Fred


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## Hey_Joe (Sep 13, 2016)

fmartin_gila said:


> I also have some nefarious activity's records in my not so illustrious past from the 1950s thru the 1970s in the states and none showed for two NBI clearances I have received during the process of my 13A approval.
> Fred


Computers & The internet was non existent in the 50's & 70's. In 2017, data is stored, linked & accessible online.

If one applies for a non-immigrant visa, the application asks, have you ever been convicted of a crime.
www.philippinesusa.info/uploads/pdfs/Non_immigrant.pdf

If one eventually applies for a 13(A) , one must provide a Certificate of No Police Record from place of residence of applicant (original and one photocopy)
Embassy of the Philippines - Consular & Other Services

If one wants an ACR or NBI Clearance, The NBI is linked to The National Crime database. 

Sooner or later a Felony will be revealed but how it is treated in the PI is up to the Immigration when one arrives or tries to extend.

A consideration is apply for a Tourist Visa at The Philippine Consulate (Ohio Residents use Chicago Consulate Embassy of the Philippines - Consulate Finder Map) , and if it's granted then no problems because the Felony was revealed and The Consulate has no Issue with it. 

The Original Poster will have to decide if it's best to apply for a Tourist Visa while in The States or try the in-country tourist & extension process. A simple phone call to one of the PI Consulates I'm sure could provide answers/advice to one seeking to visit/stay here.


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## Manitoba (Jun 25, 2014)

Is it possible to have the record expunged or a pardon issued? 

I know that in Canada after that long with a clean record it would be almost automatic. I once had an employee who had a criminal record, he cleaned up, went back to school got an engineering technologist diploma. I believe that it was about 7 to 10 years after the offence, it was a violent offence and he did jail time, that the record was expunged. I was named as a reference and I was called by the local police and questioned on his character for about 20 minutes with lots of questions on had he ever showed any violent tendencies or given any indication that he could become violent. We were civilian employees of the Canadian Military at the time and the local MP's were contacted as well. 

He went into a job that required a top secret clearance after that so there were no issues.

His pardon was issued about a month after I was interviewed, about 3 months after he applied. I have no idea of costs or what exactly he had to do.

Not sure on US practice in this regard, but in Canada that would be cleaned up pretty quickly.


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## bidrod (Mar 31, 2015)

Hey_Joe said:


> Computers & The internet was non existent in the 50's & 70's. In 2017, data is stored, linked & accessible online.
> 
> If one applies for a non-immigrant visa, the application asks, have you ever been convicted of a crime.
> www.philippinesusa.info/uploads/pdfs/Non_immigrant.pdf
> ...


If you have been in the Philippines for over 6 months you do not need a Police report from your home country when applying for a 13a.

Chuck


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## fmartin_gila (May 15, 2011)

bidrod said:


> If you have been in the Philippines for over 6 months you do not need a Police report from your home country when applying for a 13a.
> 
> Chuck


The reason I recommended extending for at least 6 months and then applying.

Fred


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## Terrye (Sep 19, 2021)

Hey_Joe said:


> You "possibly", repeat, "possibly" may be able to visit as a tourist if you have your passport, but not be able to reside. If your Felony is related towards an offense against Women or Children, don't even bother to try and come here. You will eventually get outed and deported as an undesirable.
> 
> You should seek the advice of an Attorney.


Do they look at mistermeaners that are over 20 years old


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## M.C.A. (Feb 24, 2013)

Terrye said:


> Do they look at mistermeaners that are over 20 years old


I'd so a search:

Philippine Bureau of Immigration accredited agencies.

And use one of the accerdited agents to handle your concerns because we've never had anyone answer that question other than speculation and hearsay but Heyjoe makes a good point. 

Im using a Smart phone and can't figure out how to post the PBI link, but I'll post or update my reply later with the link.


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## Hey_Joe (Sep 13, 2016)

M.C.A. said:


> we've never had anyone answer that question other than speculation and hearsay


I've never seen a specific list detailing what will not allow one into the country. It seems to always be in the news/guidance "at the discretion of the BI agent".

Here are some vague examples from a 2018 article;

Over 1,500 'undesirable aliens' barred from entering PH in Q1
SOURCE: Over 1,500 'undesirable aliens' barred from entering PH in Q1

Recently, there is a new system in place that gives the BI better access to criminal records from other countries.

SOURCE: Immigration bureau welcomes EO for Advanced Passenger Info System implementation - UNTV News | UNTV News

and;

PRESS RELEASE
17 December 2020
BI hails EO on Advanced Passenger Info system
The Bureau of Immigration (BI) welcomed the issuance by President Rodrigo Duterte of an executive order mandating the implementation of an advanced passenger information (API) system to strengthen border control and thwart the entry of terrorists and other undesirable aliens in the different international ports of entry nationwide.

In a statement, Immigration Commissioner Jaime Morente said the API project will surely boost the country’s ability to police its borders as it will add a layer of protection from foreigners with criminal and derogatory records from boarding vessels right at their ports of origin.

“This EO will surely secure our country from fugitives, terrorists, transnational criminals as well as other undesirable aliens attempting to slip into our country,” Morente said. “We are thankful to President Duterte for his continuous support, as this is a big step in improving the Bureau’s systems,” he added.

Under EO 122, the API is the electronic transmission of information by the captain, master or agent, or owner of a commercial carrier to the Bureau of Immigration (BI) prior to a traveler’s arrival or departure in a Philippine port of entry.
Such information includes flight details, name, date of birth, gender, citizenship and travel document data of the individual passenger or crew/non-crew members.

The API will enable the BI to conduct in advance security vetting of international travelers to effectively facilitate and expedite the arrival and departure process of legitimate travelers during primary inspection,” the EO stated.
Morente said the new scheme will also help decongest the airports and ease the conduct of immigration formalities for travelers because the derogatory checking of inbound passengers will already be done at the ports of origin, thus travelers who have derogatory records will no longer be allowed by the airlines to board their flights.
It would also allow them to closely monitor movement of suspected illegal syndicate members who are subjects of alert lists of international intelligence agencies.

The BI chief bared that in compliance with the EO, the BI will soon constitute a technical working group composed of representatives from various government agencies and private sector that will draft the API’s implementing rules and regulations (IRR).

“We are required to finish the IRR within 60 days so we have to convene this technical working group as soon as possible,” said Atty. Candy Tan, BI Port Operations Division Chief.

The system, she shared, is being used by advanced countries such as Australia, Canada, and the United States.
She added that the new scheme would require the Bureau to conduct advance derogatory checking or vetting of thousands of passengers who enter and exit the Philippines daily.
SOURCE: Log into Facebook


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