Granting permanent resident status to certain vietnamese citizens and filipino-vietnamese children pursuant to section 47 of the immigration act of 1940

EXECUTIVE ORDER NO. 249 May 29, 1995

GRANTING PERMANENT RESIDENT STATUS TO CERTAIN VIETNAMESE CITIZENS AND FILIPINO-VIETNAMESE CHILDREN PURSUANT TO SECTION 47 OF THE IMMIGRATION ACT OF 1940

WHEREAS, Filipino workers and their wives, children and relatives were evacuated by the Philippine Navy from Vietnam in several missions in 1975 and 1978 during the Vietnam War and were legally admitted into the country;

WHEREAS, these Filipino-Vietnamese children, Vietnamese wives (legal, common-law and widows), and other Vietnamese relatives have pending applications for permanent resident status with the Special Committee of the Task Force on International Refugee Assistance and Administration (TFIRAA) under the Department of Foreign Affairs (DFA), which have been referred by the Department of Justice (DOJ) per its Opinion No. 42 (s. 1993) to the Bureau of Immigration;

WHEREAS, these Filipino-Vietnamese children, Vietnamese wives (legal, common-law widowed) and other Vietnamese relatives have been unable to produce the required legal documentation for their immigration applications because they left during the height of the Vietnam War;

WHEREAS, since their legitimate arrival some 16 to 19...

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Summary of Executive Order No. 249

Granting Permanent Resident Status to Certain Vietnamese Citizens and Filipino-Vietnamese Children

- Grants permanent resident status to certain Vietnamese citizens and Filipino-Vietnamese children pursuant to Section 47 of the Immigration Act of 1940. (Section 1)
- Applies strictly to: (Section 1)
    a) Vietnamese citizens who legally arrived in the Philippines prior to or during the Vietnam War, but not later than December 31, 1978. (Section 1a)
    b) Children of Filipino citizens and the Vietnamese citizens referred to in paragraph (a), whether or not their parents were legally married and whether or not such children were born in the Philippines, provided Filipino paternal filiation is established in accordance with law. (Section 1b)
    c) Direct descendants of children of Filipino and Vietnamese parentage referred to in paragraph (b). (Section 1c)
- Lists the specific Vietnamese citizens and their status, arrival date, and means of arrival who are granted resident status. (Section 2)
- Waives the passport and other documentary requirements for the issuance of permanent resident visas to the covered Vietnamese citizens and other persons similarly situated. (Section 3)
- Directs the Secretary of Justice to prepare guidelines for the Bureau of Immigration to process the permanent resident visas of the covered Vietnamese citizens and other persons similarly situated. (Section 3)
- Directs the Secretary of Justice to prepare guidelines for the Bureau of Immigration to process the citizenship papers of the Filipino-Vietnamese children covered by the Order, pursuant to Department of Justice Opinion No. 49 (s. 1995), clarifying that they are entitled to Philippine citizenship as natural-born citizens on the basis of Filipino paternity and the doctrine of jus sanguinis. (Section 4)
- Gives the Bureau of Immigration until August 15, 1995, to complete the processing of the citizenship papers or permanent resident visas of the covered Vietnamese citizens, Filipino-Vietnamese children, and other persons similarly situated. (Section 5)
- Directs the Secretary of Foreign Affairs to facilitate the issuance of passports to the Filipino-Vietnamese children found qualified for Philippine citizenship pursuant to the Order, if they desire to apply for the same. (Section 6)
- Directs the Secretaries of Justice and Foreign Affairs to provide residence and travel documents to the covered Vietnamese citizens and other Vietnamese citizens similarly situated who are granted permanent resident status but cannot obtain Vietnamese passports. (Section 6)
- Took effect immediately upon issuance on May 29, 1995. (Section 7)