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Best Posts in Thread: Need help posible imigration prob

  1. DI Admin

    DI Admin DI Junior Member Admin ★ Forum Moderator ★ ★ Global Mod ★ ★ Moderator ★ Showcase Reviewer Blood Donor

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    My advice is to get a lawyer in Manila who is able to negotiate a fine (which will be all missed payments plus extra processing fees), expect the lawyer to want a considerable amount (100k sounds about right). If done legally BI may issue a short term tourist visa which cannot be extended and then a trip out of the country to return will be needed to start the tourist visa process again. I know this to have been the sequence of events for at least one very long overstay (>5 years). Note: It's my feeling that only those who fell behind who are more than capable of proving (financially) this will not happen again, are likely to find this method effective. For someone who's couldn't (and still can't) afford to keep up with BI payments, it could end in a very different outcome.
     
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    DI Admin, Oct 12, 2018
    #9
  2. furriner

    furriner DI Forum Adept Restricted Account

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    I am not a lawyer but I have never read that negotiation is part of their process. I have read that if a person overstays their visa for up to one year, they can be and sometimes are deported. They may also be confined in detention until they can leave. I also read that for “short” overstays such as a couple of weeks, you can pay a fine and perhaps not be deported. But what is “short”? I suppose that is the negotiable part, not written in law. I read that for overstays exceeding 1 year, you will be put into detention, perhaps some jail time, deported and blacklisted. But The SC may have changed that time period. Obviously a good lawyer is needed but if one has not had the money to keep up with the visas, P100,000 for a good lawyer would seem out of reach. I suspect a good lawyer could get a person out of BIR detention or reduce jail time but the only way to override a local finding is through the BIR head commissioner in Manila or the President. Any lawyer with access to that will be expensive. This cannot be done in local court. The laws seem rather basic without much room to interpret and basically, foreigners who overstay, or who “offends” a powerful person or their relative, or by simple corruption or both, can get you declared to be an undesirable alien, no matter how current you are in your visa. In theory it is due process but...


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    furriner, Oct 10, 2018
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  3. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    If they are willing to negotiate. Sending someone in for you before hand at least let's you know if they are willing to play ball. If they aren't in the mood they could lock you up on the spot and start deportation procedures.
     
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    Rye83, Oct 10, 2018
    #7
  4. TheDude

    TheDude DI Forum Patron Highly Rated Poster

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    On such an important matter, you need someone you can enter a professional relationship with. Foreigners can't be lawyers in the Philippines. Foreigners don't have experience practicing law in the Philippines. And certainly foreigners don't have experience with giving legal consultation on immigration cases in the Philippines.

    One of the first flags for dealing with professionals is how much they are willing to give out for free. Opinions are cheap and easy. You'll find no shortage of friends and family who are willing to give out advice. Professional services are real work and carry real risk. As such, there is no casual professional, client relationship. A professional doing a service pro-Bono needs to treat the relationship as if it were a paid service. Offering a service for free doesn't reduce legal repercussions for making mistakes (for either side in the relationship) and it doesn't reduce the potential impact on reputation. Free services offered by an active professional also results in real opportunity cost (you are offering a free service when you could be billing out your time.)

    I would be seriously hesitant in talking to someone claiming to be a lawyer and offering help here. Even if legit (not another form of scam,) the advice could do more harm than good. If you have to deal with the Philippines legal system, then you have little choice but to put your trust into it and hire someone who will work for your best interests. There are many lawyers here who regularly work with foreigners and you can ask for recommendations.
     
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    TheDude, Oct 9, 2018
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  5. Michael. B

    Michael. B DI Member Showcase Reviewer

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    Cannot most immigration problems not best be resolved by negotiation with the B.I. a little sweetener seems to go a long way
     
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    Michael. B, Oct 10, 2018
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  6. Pompolino

    Pompolino DI Member Showcase Reviewer

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    Brian,

    The Dude is absolutely correct. I am an Ozzie (with a law degree {but not a lawyer and certainly no knowledge of the law here}) and needed some local legal advice so I spent the money and used a well respected Australian firm that has an office in the Philippines, Baker McKenzie; see their web site at:-
    https://www.bakermckenzie.com/en.

    Good luck,

    P
     
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    Pompolino, Oct 9, 2018
    #5