Skip to main content

Traveling Abroad But Worried About An NBI Hit Or A Pending Criminal Case? Here's What You Should Do


Should you be worried? A legal question about an NBI hit with a pending criminal case came into my mail yesterday.

I applied for an NBI clearance because it's a requirement for work in a company in USA (United States of America). But while at the NBI office, I was told that I have been previously charged with a crime and my trial is still underway. Can I enter USA? - from Mr. JCBuenaluz, Cavite

Well, the answer is NO. If your trial is still underway, you are criminally inadmissible at this time and likely cannot enter the US. Or in any country at that. More so, when there's an HDO (Hold Departure Order) held against you.

But, don't give up just yet. There's still hope!


Traveling Abroad But Worried About An NBI Hit Or A Pending Criminal Case? Here's What You Should Do.


Crimes against moral turpitude

The U.S., and other countries like in Europe or in Canada, make it very difficult for anybody with a criminal record to enter.  You can be barred from getting a visa for a very wide variety of criminal offenses – even if they seemed to be minor when you were charged.

The crimes that will make you inadmissible to the US are those crimes involving moral turpitude, as follows:
  • Drug cases, including benefitting from illicit drug trafficking
  • Violation of BP 22 (Bouncing Checks Law) or passing bad checks
  • Physical Injuries (armed and unarmed)
  • Sexual Assault
  • Theft
  • Burglary
  • Trespassing with intent to commit a crime involving moral turpitude
  • Reckless Imprudence or Endangerment and Actual Injury
  • Child Abuse 
  • Prostitution and commercialized vice
  • Human trafficking,
  • Money laundering or aiding or abetting monetary instruments




Hold Departure Order (HDO)

According to the Bureau of Immigration (BI), a Hold Departure Order (HDO) is a document which prevents an individual to depart from the Philippines. To file for the said order, a criminal case should be pending before the Regional Trial Court (RTC) and the order should be given by the RTC directing the Bureau of Immigration (BI) to hold the departure of the person or persons named.

Precautionary Hold Departure Order

A PHDO is an order in writing issued by a court commanding the Bureau of Immigration to prevent any attempt by a person suspected of a crime to depart from the Philippines, which shall be issued ex-parte in cases involving crimes where the minimum of the penalty prescribed by law is at least six years and one day, or when the offender is a foreigner regardless of the imposable penalty. (Section 1 OCA 194-2018)

The application for a precautionary hold departure order may be filed by a prosecutor with any Regional Trial Court within whose territorial jurisdiction the alleged crime was committed.




What to do when confronted by an NBI Hit and a pending criminal case

Traveling out of the Philippines and back again is commonplace for thousands of Filipinos, and for people with pending criminal cases, getting help to ensure smooth travel is key. You might need a good legal professional to prepare the necessary documentations and see it through to its conclusion.

Watch this step-by-step guide on what you should do to be able to travel, immigrate or work abroad even with an NBI hit or a pending criminal case.





Do you have any NBI HIT stories worth sharing?
Share them in the comments section below.

If you have read this blog post here, I like to inform you that the original post is at https://emongsjournals.blogspot.com

Comments

Popular Posts

Max Out the Twist: McDonald’s Twister Fries are back for a limited time only

Comeback is real! Due to popular demand, the much-loved Twister Fries are back at McDonald’s – but it’s not going to stay for long, so it’s time to enjoy them before they are gone again. Starting July 1, McDonald’s is calling on everyone to “max out the twist,” that is, to make sure to get every opportunity to enjoy, while they can, the iconic Twister Fries that are distinct for their curly shape. The specially seasoned, golden, and crispy potato fries are beloved by fans. “There is always a clamor for McDonald’s to bring back the Twister Fries, which has been hugely popular whenever we include it in our menu. Now, it is back, and we encourage all Twister Fries fans to enjoy their favorite crispy golden curly fries during this limited-time release that comes with new pairings, new offers, and new moments,” says Ada Almendras-Lazaro, McDonald’s Philippines Vice President and Chief Marketing Officer. Almendras-Lazaro invites everyone...

What to do when you get a HIT on your NBI clearance

A "Hit" on your NBI clearance after your long queue at the NBI satellite office. UPDATED January 2020 Department of Justice (DOJ) Circular 017, or the multi-purpose clearance does  away with the usual separate applications for domestic employment, travel abroad, gun licensing and many others, thereby making it easier for people to obtain and use an NBI clearance. Are you applying for your NBI clearance? The National Bureau of Investigation office has stopped entertaining walk-ins after the implementation of the fully online application process for NBI clearance. The registration and appointment system for the NBI clearance are done online nationwide. Applicants may accomplish the application form at www.doj.gov.ph/nbi , www.nbi.gov.ph , and clearance.nbi.gov.ph . READ: Complete Guide To nCoV: How Not To Misinform Yourself About The Coronapocalypse After registering online, applicants may proceed to any of the NBI sites nationwide for the payment and biom...

Final call to grab Home Credit’s back-to-school gadget deals for as low as ₱16 per day until July 31

Take advantage of Sulit-Skwela 2025 before the promo ends and enjoy stress-free last-minute shopping with flexible installment plans with 0% interest and zero downpayment The back-to-school season is in full swing, and for many Filipino families, it’s crunch time for last-minute shopping. With school checklists still incomplete, essential gadgets for learning, and staying connected are now top priorities. Enjoy stress-free last-minute shopping with Home Credit Home Credit Philippines makes last-minute shopping easier with Sulit-Skwela 2025 deals. Get essential devices for as low as ₱16 per day or ₱469 per month through flexible installment plans of up to 24 months, with 0% interest and zero downpayment options. All it takes is one valid ID, with approval as fast as one minute. As a bonus, every laptop purchased under the Sulit-Skwela offer comes with FREE GFiber Prepaid UNLI internet. But hurry, time’s running out! Sulit-Skwela ...

7-Eleven Day Celebrates its Annual Big Five-Day Birthday Blowout with up to 50% Discounts on over 400 items, Exciting e-Raffle Promo, and More

Birthdays only come once a year, and the Filipinos’ paboritong kapitbahay 7-Eleven makes sure they celebrate it with customers with a huge bang. The most-awaited 7-Eleven Day is fast approaching, and the convenience giant is going big with a five-day, record-breaking blowout packed with unbeatable deals, a laptop giveaway, plus two new concept stores in Bacolod City. Gear up to shop non-stop with over 400 items on sale. For five days straight—July 7 to 11—pantry goods, hygiene essentials, beverages, and more are up for grabs with Buy 1 Take 1 deals and 50% savings. Get that grocery list done stat to take first dibs on these finds while supplies last. From July 7 to 11, serial snackers, on-the-go commuters, workers, and students can get their hands on the bold, brain-freezing flavors of the Slurpee Mini slashed at P11. Invite a bestie for a coffee run too, because from July 9 to 11, customers can get two cups of City Cafe Iced Coffee for just...

POCO introduces the POCO F7: Where futuristic design meets exceptional power

POCO today unveiled the POCO F7, setting a new benchmark for flagship performance in its category. The POCO F7 is powered by the recently debuted Snapdragon®️ 8s Gen 4 Mobile Platform, bringing flagship-level power and efficiency to more users. POCO also introduces a bold new look to mark this evolution: the POCO F7 Cyber Silver Edition, which features a Snapdragon®️ logo on the back, symbolizing the fusion of explosive performance with expressive design. The launch is also highlighted by the debut of Rydr, POCO’s first-ever virtual avatar. Embodying speed, power, and intelligent action, Rydr reflects POCO’s ongoing pursuit of breakthrough performance and deeper engagement with the tech-savvy generation. “With the POCO F7, we’re advancing our commitment to redefine flagship performance by making it accessible to a wider audience. The launch of the POCO F7 Cyber Silver Edition, with its distinctive aesthetic, further embodies our vision ...

Innovation that lasts, excellence that unfolds: Get the OPPO Find N5 exclusively on Smart Postpaid

OPPO’s newest flagship foldable – the OPPO Find N5, is now available in the Philippines exclusively first via Smart Postpaid. The OPPO Find N5 is the world’s thinnest and lightest book-style foldable smartphone in the market today, setting an unprecedented standard for mobile foldables by blending elegant design, durability, and strong connectivity in one sleek device. Elegance in Every Fold Experience unmatched sophistication with the OPPO Find N5 that is designed for comfort and mobility, making it suitable for people who are always on the move. Its ultra-light and slim form fits effortlessly in your hand or pocket, making back-to-back meetings or working between locations a breeze. The OPPO Find N5 is also built with aerospace-grade Titanium and impressive water-resistance (IPX6, IPX8, IPX9), made to handle the demands of daily life. The OPPO Find N5 also features a stunning 8.12” inner display and a 6.62” outer screen, both equipped with ProXDR visuals and an almost invisible creas...

Pizza Hut unleashes heroic new flavors in epic team-up with DC Studios’ Superman

It’s time to suit up and don your capes as Pizza Hut brings you an irresistible offer featuring one of the most iconic superheroes of all time! As DC Studios’ Superman flies into theaters this summer, Pizza Hut Philippines has teamed up with Warner Bros. Pictures for a heroic flavor punch worthy of the Man of Steel himself. Introducing the bold new stars of Pizza Hut’s limited-time lineup: the Krypton Meat Supreme and Hawaiian Power Up Supreme, two supercharged pizzas created to celebrate the return of Superman to the big screen! The Hawaiian Power Up Supreme takes the beloved classic and powers it up with a flavor boost made for heroes. It is made with juicy diced ham, sweet pineapple bits, premium holiday ham, and melty mozzarella cheese, creating the perfect blend of savory and sweet that will have your tastebuds flying! Meanwhile, the Krypton Meat Supreme is an ultra-satisfying creation made with orange cheddar, beef, bacon bits, holi...

Bethel Insurance offers first-of-its-kind special premium refund on motor car insurance

Just like a house, owning a car is a lifetime investment. If you already own a car, you know that it requires special attention and care. You know that it spends most of its time driving on roads and is exposed to many risks and dangers. Which is why you get a motor insurance coverage.  A motor insurance coverage helps us recover financially from unforeseen events, such as car accidents or injuries and, at times, loss of life. In exchange for this coverage, we get our car insured and pays a premium to an insurance company.  In addition to the premium, it’s also important to consider the reputation of the insurer, the service it provides and the product it offers.  BETHEL GENERAL INSURANCE  Bethel General Insurance is a good choice for a motor insurance coverage. It is an affordable provider that gives excellent customer service to its clients.  Formerly the BF General Insurance Company, a well-established insurance company...

How much is the penalty for 5 years late registration of motorcycles?

UPDATED December, 2020 Got late in your motorcycle registration renewal? Driving an unregistered motor vehicle carries with it a fine of P3,000 if apprehended by Metropolitan Manila Development Authority (MMDA) officers and P10,000 if by LTO traffic personnel. Worse, if the non-registration exceeded one month, the vehicle will be impounded and released only once the vehicle has been registered and the corresponding fines and penalties have been paid. To help you prepare for your visit at the LTO, here's a brief guide on how much money you're going to spend on your motorcycle registration renewal. READ: Complete Guide To nCoV: How Not To Misinform Yourself About The Coronapocalypse What's covered in this guide? 1. LTO penalty formula by weeks 2. Sample computation (if 5 years late) 3. How to renew your motorcycle registration  - Requirements  - 5 step guide YOU MAY WANT TO WATCH:  Motorcycle Transfer of Ownership and Renewal of Registration ...

Will the all-new Toyota Aygo X Crossover be the Philippines' Wigo for 2022?

The all-new Toyota Aygo X is a crossover unique in the A-segment, designed and produced in Europe to meet the demands of European urban and suburban life. To make Aygo X the best proposition in its class, Toyota undertook thorough research into urban driving requirements across the continent, listening to customers’ desires for a stylish, compact and confident car.  The result is the latest compact model to join Toyota’s line-up, built on the successful Toyota Global New Architecture (TNGA) GA-B platform, first introduced with the new Yaris – the current European Car of the Year 2021 – and more recently with Yaris Cross.  Whether in the city or on open roads, a truly great A-segment car must stand out by being compact and agile, inspiring driver confidence. It also needs to generate a sense of emotion, while integrating the best technological advances and being economical to run.  The all-new Aygo X delivers all of this and more,...