Law Summary
Adjustment of Status and Petitions Related to Visa
- A surviving foreign husband may file a petition for a Non-Quota Immigrant Visa or TRV in his own capacity.
- Alternatively, the child of the deceased Filipino wife and foreign husband can file the petition as the petitioner, with the foreign husband as the visa applicant.
Qualifications for Dependents Under Non-Quota Immigrant Visa or TRV
- Dependents must:
- Be under 21 years of age.
- Be unmarried.
- Be accompanying or following to join the Filipino parent.
- If the dependent turns 21 years old or marries, they lose their qualification and their dependent visa shall be revoked.
Implementation and Compliance
- The guidelines take effect immediately upon issuance.
- A copy of the circular is to be furnished to the Office of the National Administrative Register (ONAR) for record-keeping and strict compliance.
Key Legal Concepts
- The provisions are based on DOJ Opinion No. 52, series of 2013 regarding Section 13(a) of Commonwealth Act No. 613 (Philippine Immigration Act of 1940, as amended).
- The circular clarifies procedures related to visa revocation triggered by marriage dissolution.
- The circular also clarifies the dual role of the foreign husband as both petitioner and applicant in certain petition scenarios, and the role of the child as petitioner.