BI IMMIGRATION MEMORANDUM CIRCULAR NO. SBM-2014-009

: The legal basis is the dissolution of marriage by declaration of nullity, annulment, legal separation, or separation de facto between the foreign husband and Filipino wife.
: Yes, exceptions include the death of the Filipino wife where there are surviving children of the marriage, and cases where petitions for adjustment of visa status or amendment/extension are filed by the surviving foreign husband or child.
: The surviving foreign husband in his own capacity or the child as petitioner may file a petition for the Non-Quota Immigrant Visa.
: Dependents must be under 21 years old, unmarried, and accompanying or following to join their Filipino parent.
: The dependent will be disqualified, which will cause the revocation of his/her dependent visa.
: The guidelines took effect immediately upon issuance on 08 August 2014.
: The foreign husband shall be both the petitioner and applicant when filing for adjustment or extension of visa status.
: Yes, under the guidelines, the foreign national may file a petition for adjustment of status from Temporary Visitor Visa to Non-Quota Immigrant Visa under CA No. 613, Section 13(a).
: The Office of the National Administrative Register (ONAR), U.P. Law Center, U.P. Diliman, Quezon City.