by – Glen Palaca Hubahib, Esq.

In the next few days, the Philippines will have a consequential election. What was thought to be an easy outing for senatorial and local administration candidates is turning into a “to each his own” and confusing battle. We have not seen a united front where they have an open party rally because they are scared that the crowd will start to chant “Duterte!”

The low rating of the President is like a yoke on the candidate’s neck. In Bohol, he has a double-digit negative rating. However, they  have continued disbursing the ayuda. In addition, the Comelec has greenlighted the Barangay Captains and Sangguniang Kabataan to campaign. As one astute political observer said, “the administration has thrown the kitchen sink”.

The Conclave

In Rome, the papal conclave to elect a new Pope will start on May 7th. This is a quiet and secretive process. To ride the momentum, Netflix releases the movie “The Conclave” starring Ralph Fiennes. I find it disturbing that the movie script included a Bishop in Kabul and Baghdad and the sexuality of the movie’s elected pope. If you want more to test your curiosity, you can also watch another Netflix series ‘’The Borgias”. But remember these are fictions. If you are serious, you must read church history.

UNLAWFUL PRESENCE:

According to Immigration and Nationality Act 212(a)(9)(B)(ii), unlawful presence is any period of time when you are present in the United States without being admitted or paroled, or when you are present in the United States after your “period of stay authorized by the Secretary” expires.

Defense Visual Information Distribution Service – Ongoing enforcement

When admitted or paroled into the United States, you were issued or you received a Form I 94, Arrival/Departure Record, which shows your authorized period of stay. Typically, you start accruing unlawful presence if you stay in the United States after the date noted on your Form I-94. However, if you are admitted for duration of status (D/S) and your Form I-94 is marked “D/S”, then you may stay in the United States for the duration of your program, course of study, or temporary work assignment to the United States, plus any additional grace periods that may be authorized afterward. Non immigrants admitted for duration of status generally begin accruing unlawful presence the day after their status ends, if they remain in the United States. Similarly, if you seek and are granted an extension of your immigration benefit, your I-94 should be updated to reflect your lawful presence.


You will be found inadmissible based on your accrual of unlawful presence:
• When you accrued more than 180 days but less than 1 year of unlawful presence during a single stay, you cannot apply a US visa within three years;
• When you accrued 1 year or more of unlawful presence during a single stay, you are barred from applying a US visa for ten years;There are exceptions to the accrual of unlawful presence to the following aliens:
• Asylees and asylum applicants: Generally, time while a bona fide asylum application is pending is not counted as unlawful presence.
• Minors: Aliens under age 18 do not accrue unlawful presence.
• Family Unity beneficiaries: Individuals with protection under the Family Unity program, as provided under section 301 of the Immigration Act of 1990, do not accrue unlawful presence.
• Battered spouses and children: Self-petitioners under the Violence Against Women Act (VAWA) and their dependents do not accrue unlawful presence if they can establish a substantial connection between the battery or extreme cruelty that is the basis for the VAWA claim and the violation of the terms of the alien’s nonimmigrant visa.
• Victims of severe forms of trafficking in persons: Trafficking victims who demonstrate that a severe form of trafficking was at least 1 central reason why they were unlawfully present in the United States do not accrue unlawful presence.

[Note: Glen Palaca Hubahib is admitted to practice law in California and the Philippines. He also holds Electrical Engineering and MBA degrees. The article is for information only and is not a legal advice. Send your comments to the author at hubahibg@gmail.com.]