Dear Attorney,

I am reaching out regarding my nephew, a foreign national who was deported from the Philippines after overstaying. He is planning to visit again. What should we do to clear his name and ensure he can re-enter the country legally? I want to ensure that all necessary steps are taken to avoid any issues upon his return. Thank you.

Sincerely,
Concerned Relative

Insights

Deportation and Re-Entry Clearance

When a foreign national is deported from the Philippines, their name is added to the immigration blacklist, preventing them from re-entering the country. However, it is possible to clear their name and allow re-entry by applying for a "lifting of the blacklist" order. This process involves the submission of several documents to the Bureau of Immigration (BI) and a formal request to remove the individual’s name from the blacklist.

To begin this process, the following steps are necessary:

Consultation with Legal Counsel: It is advisable to engage an immigration lawyer familiar with the deportation laws in the Philippines. A legal expert can assist in preparing the application and providing guidance on how to effectively petition for the lifting of the blacklist.
Filing a Motion for Lifting the Blacklist: The motion must be filed with the Philippine Bureau of Immigration. The petition will need to detail the reasons why the individual overstayed and the circumstances surrounding the deportation. It is important to emphasize any humanitarian considerations or misunderstandings that led to the violation of immigration laws.
Supporting Documents: These usually include a copy of the deportation order, a certificate of clearance from the Philippine National Police (PNP), proof of ties to the Philippines (such as Filipino relatives), and any other relevant documents that may strengthen the case.
Payment of Fees and Penalties: Depending on the circumstances of the overstay and deportation, there may be fines, penalties, and administrative fees that must be settled before the motion can be processed.
Follow-Up with the Bureau of Immigration: After submission of the petition, the BI will review the case and, if approved, issue a clearance lifting the blacklist. The process may take several months, depending on the complexity of the case and the workload of the immigration authorities.

Once the individual’s name is removed from the blacklist, they may apply for a visa and legally return to the Philippines, subject to immigration laws.

Failure to follow this process may result in continued denial of entry at Philippine borders, even if travel arrangements have already been made. Hence, taking the appropriate legal steps before re-entry is essential to avoid complications.