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Criminal background for visa

Last activity 15 May 2024 by smithta63

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John4phil

Hi. I'm John from Cincinnati, Ohio, USA. I recently returned from the Philippines, where I was visiting my girlfriend.  I want to retire next year and go live in the Philippines with her. I was convicted of a felony 32 years ago and a misdemeanor 5 years ago. Can I get an extension for my tourist visa and an ACR I card without having to get a criminal background check? What about a 13a visa or an SRRV visa? Thank you.

Ray Morris

Did you ever get accepted into the Phillippines? I'm stuck in the same boat with a criminal record.

mugtech

If you have a USA passport, then having a criminal record will not prevent you from entering the Philippines as a tourist.  If you fear your record will deny you a resident visa, then a way to get around it is to be married.  If married to a citizen of the Philippines, then if you enter the country with her your passport will be signed BB, which means you can stay for a year without any further paperwork or money.  My wife is also a citizen of the USA and we carry paperwork showing this plus a copy of our marriage license.  After staying for up to a year you can leave, return with your spouse and get another year.  We have done it for 2 years with multiple exits and entries with no problem, don't even have to have an exit ticket when you enter..

post

mugtech wrote:

If you have a USA passport, then having a criminal record will not prevent you from entering the Philippines as a tourist.  If you fear your record will deny you a resident visa, then a way to get around it is to be married.  If married to a citizen of the Philippines, then if you enter the country with her your passport will be signed BB, which means you can stay for a year without any further paperwork or money.  My wife is also a citizen of the USA and we carry paperwork showing this plus a copy of our marriage license.  After staying for up to a year you can leave, return with your spouse and get another year.  We have done it for 2 years with multiple exits and entries with no problem, don't even have to have an exit ticket when you enter..


1) If one gets married lawfully only after he arrives in the  PH, is he also allowed to stay for a year after the marriage?

2) Does one lose his one-year stay status (by marriage) before its expiry by leaving the country?

mugtech

post wrote:
mugtech wrote:

If you have a USA passport, then having a criminal record will not prevent you from entering the Philippines as a tourist.  If you fear your record will deny you a resident visa, then a way to get around it is to be married.  If married to a citizen of the Philippines, then if you enter the country with her your passport will be signed BB, which means you can stay for a year without any further paperwork or money.  My wife is also a citizen of the USA and we carry paperwork showing this plus a copy of our marriage license.  After staying for up to a year you can leave, return with your spouse and get another year.  We have done it for 2 years with multiple exits and entries with no problem, don't even have to have an exit ticket when you enter..


1) If one gets married lawfully only after he arrives in the  PH, is he also allowed to stay for a year after the marriage?

2) Does one lose his one-year stay status (by marriage) before its expiry by leaving the country?


You must enter the country with your spouse, so if entering as a tourist and then getting married, you must leave the country and reenter with your wife.  Every time you enter the country wife your wife a new year starts, so you could enter once a year with your spouse and get a new 12 months every time for the rest of your lives. If you leave after 6 months the bb status is over, must return again with your wife.

bigpearl

John4phil wrote:

Hi. I'm John from Cincinnati, Ohio, USA. I recently returned from the Philippines, where I was visiting my girlfriend.  I want to retire next year and go live in the Philippines with her. I was convicted of a felony 32 years ago and a misdemeanor 5 years ago. Can I get an extension for my tourist visa and an ACR I card without having to get a criminal background check? What about a 13a visa or an SRRV visa? Thank you.


Hey John and welcome to the forum, hope you enjoy.
Firstly a very merry Christmas to you/members and their families.

Typically John I went to my best friend google, unfortunately (Xmas) IMMI PH. sites won't open,,,,,, what's new?
So based on my personal experience I have worked in PH twice as a contractor for 6 months each stint for a fairly large US based company and while they handled the formalities with work permits etc I was never asked for a police check.
I also lived in PH with my current partner for 12 months after my work commitments, applied for the ACR1 card, renewed my visa (tourist) every 57 to 58 days, never was I asked for police checks or clearance. That was some years ago so things may have changed, others can chime in with better info.
I have looked at and considered the SRRV option and from memory yes you do need police clearance, again there are members that trod this path and can offer accurate details.

Good luck and have a prosperous new year,,,,,, to all.

Cheers, Steve.

mugtech

John4phil wrote:

Hi. I'm John from Cincinnati, Ohio, USA. I recently returned from the Philippines, where I was visiting my girlfriend.  I want to retire next year and go live in the Philippines with her. I was convicted of a felony 32 years ago and a misdemeanor 5 years ago. Can I get an extension for my tourist visa and an ACR I card without having to get a criminal background check? What about a 13a visa or an SRRV visa? Thank you.


On a slightly different subject, if you ever want to visit Australia you will have to give them your criminal history and they will decide whether or not you be allowed into Australia.  Of course 200 years ago one needed to be a criminal to settle in Australia, but they have done a complete turn around on that requirement.

bigpearl

200 years ago one needn't be a criminal to settle in OZ, we did have immigrants and have never stopped, perhaps no different to the US having only a longer period to arrive where they are now.

https://tinyurl.com/76nwlct

Our border control is strict and being an island country are constantly bombarded with "boat people" a contentious issue perhaps no different to a 5 billion dollar fence in another country. Monies of this magnitude can be spent/awarded in far more productive ways. Perhaps take over some island and put all the criminals there,,,,,,,, .

Cheers, Steve.

highfieldbarry
I gave a criminal history. Nothing serious. Would and how can I live there for the rest of my life?
Vero
Hi highfieldbarry

Welcome to expat.com!

You are commenting on a thread that has been inactive for years. It is therefore unlikely that there will be any replies.

Maybe you could create a new discussion on the Philippines forum.

Vero
Expat.com team
danfinn
If you committed a crime of "moral turpitude" you cannot get a residents visa. Moral turpitude includes fraud, false representatoons, prostitution, arson, blackmail, burglary,extortion, embezzlement,forgey, bribery, kidnapping, rape, incest and lewdness. It would not include traffic violations, bad checks. Trespassing, disorderly conduct, military desertion, property damage, simple assault and rioting. Obviously I am probably missing some. Not sure where DUI lands, for example.
coach53
If you committed a crime of "moral turpitude" you cannot get a residents visa. Moral turpitude includes fraud, false representatoons, prostitution, arson, blackmail, burglary,extortion, embezzlement,forgey, bribery, kidnapping, rape, incest and lewdness. It would not include traffic violations, bad checks. Trespassing, disorderly conduct, military desertion, property damage, simple assault and rioting. Obviously I am probably missing some. Not sure where DUI lands, for example.
- @danfinn
1f44d.svg
Both demanding and paying bribes?  A common thing in Phils...   :)
I havent paid any anyway, perhaps thats why it take so long time to get compleete business permits   :)
(One official did hide it as asking us for a "loan" but its a Filipino farmer/mechanic, who go to meet them, so he just answer he dont have money and have borrowed to start the businesses to explain how there is money to the business but not to bribes/"loans"   :)   which is kind of true.)

There are several foreign scammers, who has MOVED to Phils because much less risk to get cought and if get cought its possible to pay themselves out of jail risk by making deal with the scammed who has bothered/do afford to file case..
(As a Norvegian, a Britt ((?)) and one unclear if Australian or American.) But I have no idea what Visa they have.
bidsitenet

@Vero


There are still people reading this thread so please keep it alive. Thank you I appreciate all the comments here

bigpearl

Welcome to the forum bidsitenet, perhaps open/start a new thread as the OP has not been active for over 5 years, good luck.


Cheers,

Steve.

mugteck

Would be good to know if possession of marijuana and/or cocaine are eliminators for a resident visa.

WHITE ASIAN

@mugteck Depends if it is a federal offence in your part of the world.

I have just gone through the same deal, i wrote to the embassy explaining my position now & at the time o offence which i then visited in person and signed documentation, had an interview and they gave me a non quota visa the same day.

Four of them in total is required, the next 3 in Pinas and its Perm Res.

Best way for you to go about it all.

Other wise your screwed.

They seem to be more worried about "fraud, embezzlement, arms violations, smuggling & persons traffic".

I was sat down by the Embassy Attorney.

We have since become friends.

Go to an Embassy, they appreciate the effort & it will go a VERY LONG WAY !!!

danfinn

@WHITE ASIAN

@mugteck Depends if it is a federal offence in your part of the world.

I have just gone through the same deal, i wrote to the embassy explaining my position now & at the time o offence which i then visited in person and signed documentation, had an interview and they ga

***************************************** He must be talking about applying from outside the Philippines. I suspect this person is inside the Philippines where there us no access to a Philippine embassy. Anyway if a drug charge is on his record I don't know how that can be construed as anything but a crime of "moral turpitude" by Philippine authorities. Drugs are taboo in this country, even weed. He needs to get that off his record if at all possible.

mugteck

I'm thinking even simple possession would be an eliminating factor, especially under the previous government which looked the other way at the killing of suspected drug dealers.

nandomitchell414

Even if you have a crime of moral turpitude does the PH conduct any background checks for visitors under 30 days?

Andy_1963

When you have a passport from a country which does not require a visa, you can enter the Philippines visa free for 30 days. At the immigration they will check you against the black list. If you are not on that list, you are free to enter the Philippines. So, before you come here you need to find out you are on the list or not. I have seen what happens when people are on their black list. They disappear in the immigration office where further checks are being done. If you are not guilty for any crime or debts in the Philippines nor wanted from Interpol, they will allow you to book a flight out of the Philippines. Until your flight departs you cannot leave the transit area of the airport. 

jngg621

@John4phil As its been said, if you have a valid passport. You get 30 days. You can extend another 30 and get an ACR card good for one year. That allows you to open your bank acct. And get a drivers license if you have been here min 2 months. You can keep extending 1, 2 or 6 months if you tell them you are living here with your partner or finace up to 3 years. If you want to get married in Phil, one of the requirements is a criminal background check from the police department where you live in the US.  One way around it is to stay here for 6 months, then get a clearance from NBI and submit that with your 13a (spouse visa). Nobody will check your record in the US if you have that.

Lotus Eater

@John4phil


Forgive the tardy response but after this weeks exposé on the vlogger Paul Cardwell it seems there is nothing to be concerned about given that he has a criminal record stateside for fraud.


The guy has been in the Philippines for at least 6 months so must have had extensions. Unless of course he is masquerading under a different identity on a false passport..

smknjoe2002

@nandomitchell414  no criminal check for under 30 days... the first 30 days you do not need a visa

GuestPoster230608

@nandomitchell414 Nope, not at all. I just did a 30 day visit in June because my girlfriends daughter wanted me to go on stage with her to get her awards at the end of the school year. I accidently stayed 1 day past my 30 days, and they made me pay 4,040 peso to extend my stay for another 30 days, but I was in the airport on my way home when I paid it. So if you accidentally stay for more than 30 days, you might as well stay for one more month. They never asked me for anything, and I never gave any information about anything.

sharpedan70

Thanks, but I'm not sure that helps. Could it be like that all the time? Don't I have to go to the US embassy to get an extended stay, and won't they do the background check then? I have no desire to run afoul of the law in any state or country.

Larry Fisher

Thanks, but I'm not sure that helps. Could it be like that all the time? Don't I have to go to the US embassy to get an extended stay, and won't they do the background check then? I have no desire to run afoul of the law in any state or country.
-@sharpedan70

You don't go to the US Embassy for a Philippines Visa. You go to the Philippines Bureau of Immigration for your Philippines visa extensions. They are in major cities and even some not so major. They do not do background checks at those offices for typical, standard, tourist visa extensions. They only check to see if you're on their blacklist. Which so long as you haven't been on a crime spree in the short time you've been here by then, you won't show up on. Unless of course maybe Interpol wants you for something elsewhere?


The thing to remember, is you don't need a visa as an American (and numerous other countries) to tourist visit for 29 days. But you need to go to the Immi office to get a 30 day extension if you plan to be here beyond that 29 days. If you're going to be staying PAST 59 days, then a week before, you go to immigration office again, and apply for you ARC card (Alien Registration Card) and another visa extension. This visa extension may be 30 days, 60 days or even 6 months.


Read above twice, make sure you're clear on  it. Best wishes.

GuestPoster230608

@nandomitchell414 No, they don't for visitors. I left in March from Manila.

coach53

Its as jngg say   

= solved by staying long enough to it become the Philippine record, which will be checked instead.


I have no idea if that was how they did it, but I know there are/were big criminals from USA (2), Norway and UK living in Phils. As far as I know only one of the Americans by any bribe. The UK scammer live open. The US pedophile too until he was stupid showing in Facebook where he lived and he went on with similar crime in Phils, so US police found him and made Phils police catch him.


There are smaller criminals too. E g a small scamer US/Australian? And a Swedish small drug criminal fled during wait time to get in jail and somehow he managed to marry in Phils inspite of he was married still in Sweden.

Thats some funny storry:

After he had died, his earlier abandonded poor Filipina wife, bothered anyway about his grave and asked me to try to phone his brother in Sweden:

(Changed names)

-Hi. I am calling on behalf of your brother Peter's wife.

-Oh Natalie. 

-No Jennalyn. A Filipina.

-?? But he never divorced Natalie... So beside drug criminal he his bigamist too   haha

(The brother seem used to his brother missbehaving.)


If someone wonder why I know that law - Dont you know I know everything?!  haha   

(I have studied Philippine laws several years. Concerning "crimes" I have only got some parking tickets and 2 speeding tickets in my whole life. But I saved a friend when he had thought he was smart  :)  and had made tax fraud risking jail. He had made a non criminal error same year and I managed to make Tax office forgeting the crime when writing about the non criminal part, so it ended up with he just needed to pay the fine for that part.)

Moon Dog


    @nandomitchell414 No, they don't for visitors. I left in March from Manila.        -@B***

Just a few days ago this guy tried to enter as a visitor but the BI somehow knew of his past crimes.

“Information received by the BI show that Cooper was convicted in the United States in 2009 of statutory rape in the 1st degree and statutory sodomy for a person under 14, as well as molestation in the 1st degree,” BI said.

It said that Cooper was required to board the next available flight back to his country of origin."

https://mb.com.ph/2023/10/9/american-se … stba0l81pc

coach53


        @nandomitchell414 No, they don't for visitors. I left in March from Manila.        -@Big Dick Bob

Just a few days ago this guy tried to enter as a visitor but the BI somehow knew of his past crimes.

“Information received by the BI show that Cooper was convicted in the United States in 2009 of statutory rape in the 1st degree and statutory sodomy for a person under 14, as well as molestation in the 1st degree,” BI said.

It said that Cooper was required to board the next available flight back to his country of origin."

https://mb.com.ph/2023/10/9/american-se … stba0l81pc-@Moon Dog

I dont remember the name of the American sex criminal I mensioned in my post. Probably NOT same, but the catching of the one I mensioned, who fled to Phils and continued his crimes, perhaps made USA change routines to stop such?


Pedophily is very common in Phils. In an anonomous research 28 % of MALES said they had been sexualy molested when they were children.  I guess even higher percentage for females.

cliffordfoster43


    @John4phil As its been said, if you have a valid passport. You get 30 days. You can extend another 30 and get an ACR card good for one year. That allows you to open your bank acct. And get a drivers license if you have been here min 2 months. You can keep extending 1, 2 or 6 months if you tell them you are living here with your partner or finace up to 3 years. If you want to get married in Phil, one of the requirements is a criminal background check from the police department where you live in the US.  One way around it is to stay here for 6 months, then get a clearance from NBI and submit that with your 13a (spouse visa). Nobody will check your record in the US if you have that.
   

    -@jngg621

cliffordfoster43

@cliffordfoster43


have youve know anyone to be successful in doing it that way and also thanks for the info.

Moon Dog


    @cliffordfoster43
have youve know anyone to be successful in doing it that way and also thanks for the info.
   

   


I was exempt from the police clearance from my home country when going through the SRRV process for 2 reasons.


  1. I had been in the Philippines more than 6 months
  2. I was over 70 years of age.

RogerBS

What about a felony breaking and entering as a juvenile over 30 years ago? 

smithta63

In the US a adjudication as a minor should not show up on your record.  If you were tried as an adult it would be part of your record.  US ICE could not use a juvenile adjudication in our changing documents.   If a juvenile was convicted as an adult we could. 

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