Title
Removal of Police Clearance from Home Country for Immigration
Law
Boi Office Memorandum Order No. Elm-97-018
Decision Date
Sep 18, 1997
The Board of Immigration eliminates the requirement for a Police Clearance from applicants' home countries for immigrant visas, while still mandating local Police and National Bureau of Investigation (NBI) Clearances, effective immediately.
A

Questions (BOI OFFICE MEMORANDUM ORDER NO. ELM-97-018)

The requirement of a Police Clearance from the applicant's home country was deleted from the BI-Checklists of Requirements for immigrant visa applications.

Yes, the Bureau of Immigration reserved the right to require a Police Clearance from the home country on a case to case basis.

Yes, Local Police Clearance and NBI Clearances must continue to be submitted by applicants for all immigrant visas.

The deletion was due to difficulties applicants faced in securing police clearances from their countries of origin, varying embassy policies on issuing such clearances, including some countries prohibiting issuance or not requiring it based on reciprocity.

The Order took effect immediately upon its adoption on September 18, 1997.

Some countries prohibit issuance of police clearances, some do not require them for Filipinos due to reciprocity rules, and others issue clearances only when securing passports and not afterward if a valid passport exists.

A copy of the Order was directed to be submitted to the University of the Philippines Law Center.

The memorandum specifically addresses requirements for immigrant visas; it does not mention non-immigrant visa requirements.

It allows the Bureau of Immigration to exercise discretion in requesting police clearances from the applicant's home country based on the circumstances of each case.


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