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Philippines Visa 13A and previous drug conviction here in USA

Last activity 02 December 2023 by ERL369

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tempcinamdar

Dallas, Texas is my home and in about a year I will move to Cagayan de Oro to marry and live there the remainder of my life.

I have done a lot of reading and it seems I will need to extend my stay every month until I have been there more than 6 months and then apply for my 13A visa to avoid the Philippines from knowing about my drug bust in 1997. Is this correct?  Will I need to provide a USA criminal history to get the monthly extensions?


My conviction was possession of crack cocaine under 1 gram. I did my 3 year felony probation.


Does anyone know for certain my 13A application will be rejected if they see I have a previous drug bust? The charge was possession and not sells or distribution.


Extending my stay every month will cost about $1000. That is a lot of money so I would prefer to apply for 13A immediately after my marriage.


I can not afford the SRRV visa.


I hope people on this forum can help me.

Big Dog91

@tempcinamdar No ” Expat Civilians” can advise you correctly. it is up to local Philippines Government Officials to decide and advise you. Good Luck.

danfinn

    @tempcinamdar No ” Expat Civilians” can advise you correctly. it is up to local Philippines Government Officials to decide and advise you. Good Luck.
   

    -@Big Dog91


Absolutely correct. I have seen statements here to just wait 6 months and they do not request your home police report. Fine, except when I did my SRRV 8 months after arrival, they 1) asked for my home police report and 2) required my Philippine NBI report out of Manila. Actually that makes sense if you think about it but the truth is, nobody in this group has personal experience with documented crimes of moral turpitude. The worst drug they have gotten high on is Red Horse lol. I suggest you google JRC Visa in Cebu and get on an overseas call with some expert there. I still do not think you can wait out the home police report in 6 months; in fact it may be that after 6 months you need both but contact a professional.

tempcinamdar

Is a drug conviction an act of moral turpitude?

I hope the denial is not a case by case basis.


Do I need to speak with JRC Visa in Cebu or an actual Philippine Immigration Visa official?


Here is what I get from google....


A criminal conviction for drug trafficking can be considered a crime of moral turpitude. A crime of moral turpitude (CIMT) is generally defined as conduct that is depraved, vile, or base.

Some drug offenses that are considered crimes of moral turpitude include:

Selling or giving away a controlled substance

Distributing cocaine

However, simple possession of a controlled substance for personal use is not generally considered a crime of moral turpitude.

A CIMT can trigger inadmissibility or deportation

tempcinamdar

When I google what crimes in the Philippines are considered moral turpitude...


Some crimes that involve moral turpitude in the Philippines include:

Bigamy, Abduction with consent, Concubinage, Smuggling, Rape, Attempted bribery, Profiteering, Robbery, Murder, Estafa.

Other crimes that involve moral turpitude include:

Adultery, Arson, Evasion of income tax, Barratry, Blackmail, Criminal conspiracy to smuggle opium, Dueling, Embezzlement, Extortion, Forgery.

Some other examples of crimes that involve moral turpitude include:

Voluntary manslaughter, Involuntary manslaughter, Domestic violence, Spousal abuse, Child abuse, Kidnapping, Driving under the influence (DUI, Shoplifting.

mrlugubrious

Just a guess, but IMHO, your goose is cooked. Time to contemplate plan 'B'....

You do not want to get involved in any way with the PI law enforcement....

danfinn

    Is a drug conviction an act of moral turpitude?
I hope the denial is not a case by case basis.
Do I need to speak with JRC Visa in Cebu or an actual Philippine Immigration Visa official?

Here is what I get from google....

A criminal conviction for drug trafficking can be considered a crime of moral turpitude. A crime of moral turpitude (CIMT) is generally defined as conduct that is depraved, vile, or base.
Some drug offenses that are considered crimes of moral turpitude include:
Selling or giving away a controlled substance
Distributing cocaine
However, simple possession of a controlled substance for personal use is not generally considered a crime of moral turpitude.
A CIMT can trigger inadmissibility or deportation
   

    -@tempcinamdar

Do I need to speak with JRC Visa in Cebu or an actual Philippine Immigration Visa official?


You are not likely going to find a government official like that for your purposes.


  • Possession of crack an act of moral turpitude? Twist it however you want but when it comes to drugs here they do not screw around. My police report showed a speeding violation over 15 mph over the limit pled down to less than 15. Even with that they would not give me 3 year card renewal, only 1 year until that violation dropped out of my report. They aren't sure what moral turpitude is either. 15 over the limit is a felony in NC...
danfinn

Re: The 6 month NBI situation


Another expat reports;


"

"Also...went through an animated discussion over the NBI background check.  The BI website says you only need it if your first entry was more than 6 months ago.  So I figured...OK...I entered Oct 5, 3 weeks ago...don't need it.  That elicited a two phase set of discussions.  First, never mind the 6 month rule, need an NBI check even if you've only been here 24 hours."


So, either you need an NBI report or you don't (but you probably do but who cares? You will not fail that one). But in all cases, I read this as you need the police report from you home country in addition to NBI, as I did from my own personal experience with SRRV, which has the same Police report requirement as 13A.



Wingfat

I don't think the BIR checks the FBI database. They only look for Philippine based problems I believe.

ERL369

@Wingfat


I just got an NBI clearance about a year ago. Took about 3 months as they said it went back to the USA to the FBI.  This was for a change of visa 13 G to 13E due to my wife's passing.

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