Application Period and Filing
- Aliens may apply for waiver within a 12-month period starting on a date designated by the Commissioner of Immigration and Deportation, no later than 180 days from the Order's effectivity.
Eligibility Criteria Based on Entry and Residency
- The applicant must prove entry into the Philippines before January 1, 1984.
- Must have resided continuously in the Philippines unlawfully from entry until filing.
- Non-immigrant aliens must demonstrate expiration of authorized stay before January 1, 1984, or that unlawful status was known then.
Continuous Physical Presence Requirement
- Applicants must have been physically present in the Philippines continuously since the Executive Order's effectivity.
- Brief, casual, and innocent absences do not break physical presence continuity.
Limitation on Admission for Application Purpose
- The order does not authorize aliens to enter or be admitted into the Philippines solely for the purpose of applying for status adjustment.
Additional Admission Requirements
- Applicants must:
- Be admissible as immigrants, subject to exceptions.
- Have no criminal convictions or three or more local ordinance violations.
- Not have participated in persecution based on race, religion, nationality, social group, or political opinion.
Language and Knowledge Requirement
- Applicants must demonstrate:
- Basic understanding of English or Filipino.
- Knowledge of Philippine history and government.
- Alternatively, applicants may be pursuing recognized study to attain such knowledge.
- Waiver of these requirements may be granted for applicants aged 65 or older at Commissioner’s discretion.
Confidentiality and Use of Application Information
- Information provided in applications is restricted to:
- Determination of the application.
- Enforcement penalties for false statements.
- No publication identifying individuals is allowed.
- Access limited exclusively to sworn officers and employees of the Commissioner.
Application Fees and Use of Funds
- Filing fee set at P 50,000 plus P 1,000 overtime fee.
- Discretionary lower fees may be applied for spouses and minor children under 21.
- Fees are deposited into a separate account to fund administrative expenses related to application processing.
Waiver of Exclusion Grounds
- The Commissioner may waive exclusion grounds for humanitarian reasons or public interest to maintain family unity.
- Non-waivable grounds include:
- Criminal offenses.
- Likely becoming public charges.
- Drug offenses, except single possession of marijuana.
- National security and subversive organization membership.
Medical Examination Requirement
- Applicants must undergo a medical examination at their own expense.
- Examination covers general health and immunization status per accepted medical standards.
Protection from Deportation During Processing
- Applicants presenting prima facie cases within the application period cannot be deported until final determination.
Administrative Review Process
- A single-level administrative review mechanism is established for determinations under this Order.
Authority to Issue Implementing Rules
- The Commissioner of Immigration and Deportation is empowered to issue necessary rules and regulations for implementation.
Supersession of Conflicting Rules
- All inconsistent or conflicting orders, rules, and regulations are modified or repealed accordingly.
Immediate Effectivity
- The Executive Order takes effect immediately upon issuance.