February 28, 2012

BI MEMORANDUM CIRCULAR NO. RADJR-12-003

REVISED GUIDELINES IN ADDRESSING ACR I-CARD AND RELATED ISSUES AT ENTRY AND EXIT POINTS

WHEREAS, there is still confusion as to the proper processing procedure of departing and arriving immigrant and non-immigrant visa holders with expired, undated or otherwise pending renewal of ACR I-Cards despite the issuance of the guidelines set forth in Memorandum Circular No. RADJR-12-001;

WHEREAS, there are situations that were not specifically addressed by the issuance of Memorandum Circular No. RADJR-12-001 as pointed out by personnel from the Alien Registration Division and the Airport Operations Division;

WHEREFORE, in order to address the confusion and loopholes in Memorandum Circular No. RADJR-12-001, Immigration officers at entry and exit points shall observe the following guidelines in cases of travelers with expired, undated, or pending ACR I-Cards renewals and other ACR I-card related issues:

RULE I

Aliens with Valid Visas and First-Generation ACR I-Cards (ACR I-Cards without Expiry Date)

SECTION 1. Departing Alien. — An alien with valid visa and ACR I-Card without an expiry date (First-Generation ACR I-Card) shall be allowed to leave upon presentation of a valid exit clearance. Said alien shall be advised of the immigration requirements to be undertaken upon returning to the Philippines. SEAHcT

SECTION 2. Returning Alien. — An alien with valid visa and First Generation ACR I-Card shall be admitted under the status indicated in the expired/First Generation ACR I-Card, provided, said alien is able to present a valid re-entry permit (RP) or special return certificate (SRC). In case of an expired RP or SRC, the alien must renew the same by paying the appropriate fee.

The Immigration Officer shall confiscate the First Generation ACR I-Card and shall direct the alien to renew his/her ACR I-Card within thirty (30) days from arrival.

SECTION 3. Retroactivity. — An alien who has departed from the Philippines with First-Generation ACR I-Card and admitted as temporary visitor under Section 9 (a) of the Philippine Immigration Act (PIA) upon his/her return prior to the effectivity of these Rules shall be allowed to revert to the status indicated in the ACR I-Card by filing for amendment of his/her entry stamp within sixty (60) days from arrival. Should the alien fail to file for such amendment within the prescribed period, he/she may apply for a new visa under Section 13 (e) of the PIA.

RULE II

Aliens with Valid Visas and Pending ACR I-Card Renewal Applications

SECTION 1. Departing Alien. — An alien with valid visa and pending ACR I-Card renewal application shall not, as a general rule, be allowed to travel out of the country. Should the alien insist on departing from the country, he/she shall be subjected to the usual pre-departure procedure and be required to present the official receipt and claim stub of the pending ACR I-Card renewal application. Furthermore, said alien shall be informed that his/her departure without a validly issued ACR I-Card may prejudice his/her immigration status.

SECTION 2. Returning Alien. — (a) Non-visa-required alien. A non-visa-required alien with valid visa and pending ACR I-Card renewal application shall be admitted as temporary visitor under Section 9 (a) of the PIA, with authorized stay in accordance with admission privileges pertaining to his/her nationality, provided, said alien is able to present a valid re-entry permit (RP) or special return certificate (SRC). In case of an expired RP or SRC, the alien must renew the same by paying the appropriate fee. In order to revert to the status indicated in the ACR I-Card application, the concerned alien shall file for amendment of his/her entry stamp at the Immigration Regulation Division, BI Main Office, before the end of the authorized stay. SDHITE

(b) Visa-required alien. A visa-required alien shall be admitted as temporary visitor under Section 9 (a) of the PIA, with authorized stay of a non-extendible period of seven (7) days, provided, said alien is able to present a valid RP or SRC. In case of an expired RP or SRC, the alien must renew the same by paying the appropriate fee. In order to revert to the status indicated in the ACR I-Card application, the concerned alien shall file for amendment of his/her entry stamp at the Immigration Regulation Division, BI Main Office, before the end of the authorized stay.

RULE III

Aliens with Valid Visas and Expired ACR I-Cards (ACR I-Cards with Expiry Date)

SECTION 1. Departing Alien. — An alien with valid visa and expired ACR I-Card shall be allowed to leave upon presentation of a valid exit clearance. A visa-required alien shall be directed to secure an entry visa prior to his/her return to the country while a non-visa-required alien shall be advised to renew his/her ACR I-Card immediately upon returning to the Philippines. The expired ACR I-Card shall be confiscated by the Immigration Officer.

SECTION 2. Returning Alien. — (a) Non-visa-required alien. A non-visa-required alien with valid visa and expired ACR I-Card shall be admitted as temporary visitor under Section 9 (a) of the PIA, with authorized stay in accordance with admission privileges pertaining to his/her nationality, provided, said alien is able to present a valid re-entry permit (RP) or special return certificate (SRC). In case of an expired RP or SRC, the alien must renew the same by paying the appropriate fee. In order to revert to the status indicated in the expired ACR I-Card, the concerned alien shall file for amendment of his/her entry stamp at the Immigration Regulation Division, BI Main Office, before the end of the authorized stay. Upon amendment of the entry stamp, the alien shall accordingly apply for renewal of the ACR I-Card.

(b) Visa-required alien. A visa-required alien shall be allowed entry only upon presentation of a valid entry visa secured from the Philippine consulate at the alien's country of citizenship.

SECTION 3. Grace Period. — Aliens with approved and implemented grace periods but expired ACR I-Cards shall be allowed to leave and return under the same visa status upon presentation of an ACR Certification. Should the alien fail to present an ACR Certification, he/she shall be proceeded with in accordance with Sections 1 and 2 of this Rule. aAHSEC

RULE IV

Aliens with Valid Visas and without ACR I-Cards or Proof of Pending ACR I-Card Renewal Application

SECTION 1. Departing Aliens. — An alien with valid visa and without ACR I-Card or proof of pending renewal application shall be deemed to have abandoned or given up his/her existing immigration status. The existing visa shall be cancelled and the alien shall be allowed to leave upon presentation of a valid exit clearance.

SECTION 2. Returning Alien. — An alien under this Rule shall only be admitted as temporary visitor under Section 9 (a) of the PIA applying existing guidelines.

RULE V

Miscellaneous Provisions

SECTION 1. Coverage. — These Rules shall be observed in determining whether an alien may be allowed to enter or depart from the Philippines, provided, he/she is not otherwise prevented from doing the same by some other lawful cause.

SECTION 2. Waivers. — Waivers pertaining to this Memorandum Circular shall be subject to approval by the Commissioner of Immigration or, in his absence, by the designated Associate Commissioner.

SECTION 3. Fees. — Fees for renewal of First-Generation ACR I-Cards shall be the same as the fees charged for renewal of ACR I-Cards. All other transactions mentioned herein shall be assessed at the prevailing rates thereof.

SECTION 4. Report by Airport Operations Division Chief. — The Airport Operations Division Chief shall submit to the Commissioner of Immigration, not later than the next working day, a written report that will indicate details of aliens who were allowed to depart and/or return under this Memorandum including those under a waiver pursuant to Section 2 of this Rule.

SECTION 5. Saving Clause. — Provisions of Office Memorandum Order No. RPL-10-014 dated 18 November 2010 that are not inconsistent with this Memorandum Circular shall remain in force and effect. IaEScC

SECTION 6. Repealing Clause. — This Memorandum Circular repeals Memorandum Circular No. RADJR-12-001. All other circulars which are inconsistent with these Rules are hereby repealed, amended or modified accordingly.

SECTION 7. Effectivity. — This Memorandum Circular shall take effect immediately upon signing hereof.

For strict compliance.

(SGD.) RICARDO A. DAVID, JR.CommissionerBureau of Immigration