Law Summary
Changing Global Immigration Practices
- Noted shift in international immigration practice, especially in the United States.
- Modern trend allows nonimmigrants to change or adjust their status to permanent residency without departing the country.
Conditions for Adjustment of Status
- Adjustment of status permitted if:
- The alien was properly documented upon entry.
- The alien makes a proper application for adjustment.
- The alien qualifies for admission as an immigrant and is admissible.
- Immigrant quota numbers are immediately available at the time of approval.
Practical Considerations and Justifications
- Gasoline shortage makes it difficult for applicants to leave the country to comply with existing requirements.
Main Provision: Allowance of Adjustment of Status Without Departure
- Aliens currently in the Philippines as nonimmigrants with approved immigrant visa applications may acquire permanent residence without leaving.
- Approval subject to thorough screening by:
- National Intelligence Security Authority of the Armed Forces of the Philippines.
- Commissioner of Immigration and Deportation.
- Both must find the applicant qualified for permanent residence and entitled to benefits.
Effect on Existing Laws and Regulations
- All contrary provisions of laws, rules, or regulations are amended, repealed, or modified accordingly.
Effective Date
- The decree takes effect immediately upon issuance.