Title
Visa Revocation Guidelines
Law
Bi Immigration Memorandum Circular No. Sbm-2014-009
Decision Date
Aug 8, 2014
The BI Immigration Memorandum Circular No. SBM-2014-009 establishes guidelines for the revocation of Non-Quota Immigrant Visas for foreign husbands of Filipino wives in cases of marriage dissolution, while outlining exceptions related to the death of the Filipino spouse and the status of dependents.

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.

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