Can a Foreign Spouse With an Old Criminal Record Get a 13(a) Visa in the Philippines?

Requirements, Risks, and Possible Waivers (Philippine context)

Short answer: Yes, it’s possible, but it depends on what the conviction was for, how long ago it happened, your rehabilitation, and the Bureau of Immigration’s (BI) discretion. Some offenses are strong bars; others can be overcome with full disclosure and supporting evidence.

Important disclaimer: This is general information, not legal advice. Immigration rules and BI practice can change and officers exercise case-by-case discretion. When criminal history is involved, it’s wise to consult a Philippine immigration lawyer.

1) What the 13(a) Visa Is

Legal basis: Section 13(a) of the Philippine Immigration Act (Commonwealth Act No. 613) allows a non-quota immigrant visa for the foreign spouse of a Filipino citizen.
Where you apply:
- In the Philippines: usually a probationary 13(a) valid for 1 year, later converted to permanent after reevaluation.
- At a Philippine Embassy/Consulate abroad: may issue an immigrant visa for entry; you’ll still complete post-arrival registration/ACR I-Card steps in the Philippines.
Core idea: The marriage must be valid and bona fide, and the applicant must be admissible (i.e., not in an excludable class).

2) Criminal Records & Admissibility: Why It Matters

Under the Immigration Act, certain people are excludable from admission or from receiving visas (e.g., threats to public safety, public charge, fraud, and—critically—those convicted of crimes involving moral turpitude). Even an old conviction can matter if it falls into an exclusion ground.

“Moral Turpitude” (high-level guide)

Philippine jurisprudence describes moral turpitude as conduct that is base, vile, or depraved, contrary to accepted moral standards. Examples often treated as CIMT include fraud, theft with intent to permanently deprive, robbery, forgery, serious sexual offenses, murder, etc. Offenses less likely to be treated as CIMT (fact-specific) include minor traffic infractions, many regulatory offenses, and simple negligence. DUI without aggravating factors is sometimes not treated as CIMT, but multiple or aggravated DUI can be problematic.

Key point: Labels differ across countries. BI looks at the underlying conduct and official records, not just the name of the offense.

3) Can You Still Qualify With an Old Conviction?

Often yes, if:

The offense doesn’t involve moral turpitude (or there is compelling evidence it shouldn’t be treated as such); and
You demonstrate rehabilitation, good conduct since the incident, and strong family/equities (e.g., Filipino spouse, children, long-term residence, community ties).

If the offense does involve moral turpitude, approval becomes harder. In practice, BI sometimes exercises discretion after full disclosure and robust rehabilitation evidence—especially for old, isolated offenses—but there is no guaranteed “automatic waiver.” Each case is evaluated on the merits.

4) Practical Outcomes to Expect

Clean, minor, or very old record (non-CIMT): Many applicants are approved if they disclose fully and pass security checks.
Single old CIMT with rehabilitation: Possible but uncertain; prepare a strong, well-documented filing and expect scrutiny.
Serious/violent/sexual, recent, or multiple CIMTs: High risk of denial absent a pardon/expungement or exceptionally strong equities.
Prior deportation/blacklist/overstay violations: You’ll likely need to lift the blacklist or resolve prior orders before a 13(a) can be approved.

5) Documents & Requirements (Philippines Filing)

Note: Forms and checklists evolve. The items below reflect common BI practice; expect local variations and updated formats.

Identity & Marriage

Duly accomplished BI application form (often called CGAF or current BI 13(a) form).
Joint letter request of Filipino spouse and applicant to the BI Commissioner.
PSA (Philippine Statistics Authority) Marriage Certificate; if married abroad, Report of Marriage or foreign marriage certificate with apostille/consular legalization plus PSA ROM if applicable.
Proof the spouse is Filipino (PSA Birth Certificate, Certificate of Naturalization/Recognition, or valid PH passport).

Status & Travel

Applicant’s passport (bio page + latest admission stamp/visa).
Valid stay at time of filing (e.g., tourist visa is still valid or extended).

Clearances / Background

NBI clearance if you have stayed in the Philippines 6 months or more at time of filing.
If you’ve stayed less than 6 months, provide police clearance (and usually court clearance if applicable) from your country of nationality or recent residence, typically apostilled/authenticated.
BI will take biometrics and run internal derogatory record checks.

Financial / Support & Bona Fides

Affidavit of Support by the Filipino spouse and/or proof of means (employment, business, savings, pension).
Proof of genuine marriage (optional but helpful): photos over time, joint lease/utility bills, kids’ birth certificates, remittances, etc.

Other

Passport-sized photos meeting BI specs.
ACR I-Card processing after approval (fees payable).
Government fees (visa, ACR I-Card, ECC if traveling during/after processing, etc.).

6) Special Filing Considerations When You Have a Record

A) Full Disclosure Is Critical

Never conceal arrests/convictions/expungements. BI can access shared data and may treat misrepresentation as its own ground for denial or removal.
Disclose in the application and in a Sworn Explanation that:
1. Identifies the offense, date, place, and final disposition (dismissed, acquitted, convicted, deferred, expunged, pardoned).
2. Explains mitigating facts (youth, circumstances, no victims, restitution, therapy, completion of sentence).
3. Demonstrates rehabilitation (clean record since, employment, community service, character references).

B) Attach Official Proof

Certified court records: complaint/indictment/information, judgment, proof of sentence completion (probation/parole discharge), and expungement/pardon orders if any.
Police certificates from all relevant jurisdictions where you lived (especially since the offense).
Character references (employer, clergy, civic leaders), rehabilitation program certificates, and any professional licenses in good standing.

C) Frame the Legal Argument

If the offense is not moral turpitude, explain why with reference to the elements of the crime and the facts (e.g., no fraud/intent to steal, no depravity).
If it could be moral turpitude but is remote/minor and you’re rehabilitated, request favorable discretion highlighting:
- Length of time since the event and clean record thereafter.
- Marriage/family unity with a Filipino citizen and any Filipino children.
- Public interest/humanitarian factors (caregiver roles, medical needs, community ties).
- Evidence of good moral character today.

7) “Waivers” in the Philippine Context

There is no one-size-fits-all, named waiver (like the U.S. 212(h)) dedicated solely to criminal inadmissibility for spouses. Instead, Philippine immigration law and practice rely on administrative discretion and various procedural remedies, including:

Favorable Exercise of Discretion on the 13(a) Itself
- BI can approve or deny based on the totality of circumstances. Your “waiver” is effectively the persuasive package you submit (full disclosure + rehabilitation + equities).
Pardon/Expungement/Set-Aside (from the convicting jurisdiction)
- A full pardon, expungement, or set-aside can materially improve odds. While BI may still review underlying conduct, such reliefs show official rehabilitation.
Lifting Prior Immigration Sanctions
- If you are on a blacklist/watchlist due to past immigration violations or removal, you must first petition to lift that order (with supporting equities) before or alongside 13(a) processing.
Motions & Appeals
- If denied, you can file a Motion for Reconsideration with BI. Subsequent administrative/judicial review routes may be available (consult counsel for the correct path and deadlines).

Other “waivers” you may hear about that are unrelated to criminal bars

NBI vs. foreign police certificate substitution: Not a true waiver; BI typically requires NBI if you’ve been in PH ≥6 months; if less, a foreign police clearance is used.
ACR I-Card Waiver to depart while card is pending: Operational/travel convenience; does not cure inadmissibility.

8) Filing Strategy: Step-by-Step

Pre-check your record
- Obtain police certificates from relevant countries and check BI status (e.g., any derogatory or blacklist entries).
- Collect certified court records and final dispositions.
Legal analysis of the offense
- With counsel if possible, assess whether your offense likely involves moral turpitude. Prepare arguments and documentation accordingly.
Build a rehabilitation & equities packet
- Sworn Explanation (clear timeline + remorse + lessons learned).
- Proof of rehabilitation (completion certificates, therapy, AA/NA if relevant, character references).
- Family unity & support (marriage evidence, children’s documents, proof of cohabitation, financial stability).
Gather standard 13(a) documents (see Section 5).
File while in valid status (or apply at a consulate abroad if that route is stronger for your case).
Attend biometrics/interview if required; be consistent and candid.
Respond to any BI clarifications promptly (additional documents, explanations).
If denied: file Motion for Reconsideration within the deadline; consider appeal if needed.

9) Red Flags & How to Address Them

Multiple convictions or a recent offense → Emphasize rehabilitation and stability; secure expert reports if helpful.
Violent/sexual/drug trafficking offenses → Extremely difficult; secure pardon/expungement where possible; expect intense scrutiny.
Non-disclosure or inconsistencies → Can independently sink the case; ensure complete candor.
Immigration violations (overstay/deportation) → Resolve blacklist/penalties first; attach proof.
Financial instability → Strengthen Affidavit of Support and show means (employment, savings, joint resources).

10) Frequently Asked Questions

Q: My record was expunged. Do I still have to disclose? A: Yes, disclose. Provide the expungement order. BI values transparency; non-disclosure can be treated as misrepresentation.

Q: The conviction is 20+ years old and I’ve been clean since. Does BI still care? A: Time helps a lot, especially for minor, non-CIMT offenses. But BI still expects official proof and full disclosure.

Q: Can I apply abroad to avoid NBI? A: Applying abroad may change the procedural requirements (the consulate will still require police/court clearances) but doesn’t erase the underlying issue. You’ll still be assessed for admissibility.

Q: Do I need a lawyer? A: Not legally required, but strongly recommended when criminal history or blacklisting is involved.

Q: Will BI interview us to test if our marriage is real? A: It’s possible. Be prepared with bona fide relationship evidence.

11) Checklist (Criminal-History Focused)

✅ BI application form (current 13(a)/CGAF)
✅ Joint letter request (spouses)
✅ PSA Marriage Certificate / ROM + apostille/consular legalization where needed
✅ Proof spouse is Filipino (PSA Birth Cert / PH passport / recognition order)
✅ Passport copy + latest admission/visa pages
✅ Valid stay (or apply abroad)
✅ NBI (if ≥6 months in PH) or Foreign Police Certificate(s) (apostilled)
✅ Certified court records (indictment/information, judgment, sentence completion)
✅ Pardon/expungement/set-aside orders (if any)
✅ Sworn Explanation of offense & rehabilitation
✅ Character references (notarized, on letterhead if possible)
✅ Affidavit of Support + proof of means
✅ Photos, fee funds, and any consulate/BI-specific forms
✅ (If applicable) Papers lifting blacklist/watchlist or clearing prior immigration cases

12) Bottom Line

A foreign spouse with an old, isolated, non-CIMT offense who shows rehabilitation and strong family ties often has a realistic path to a 13(a).
A spouse with serious or CIMT convictions must present a carefully prepared case and may still face denial unless pardon/expungement or extraordinary equities exist.
Candor + documents + rehabilitation are the pillars of success.

If you want, I can draft a Sworn Explanation template and a checklist letter tailored to your facts (offense, year, disposition, and where you’ll file).