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!
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
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