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Dual Citizenship (Filipino/American)

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Hello all. I am a Filipina and I am married to an American. We have been married for a few years and are about to start the paperwork for me to be a US citizen. I would love to be a US citizen, but do not want to lose by Filipino citizenship. Can I have both? Thank you for your help.

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Yes - you do not have to give up your citizenship when you naturalize in the US.

Others will also confirm...

Hello all. I am a Filipina and I am married to an American. We have been married for a few years and are about to start the paperwork for me to be a US citizen. I would love to be a US citizen, but do not want to lose by Filipino citizenship. Can I have both? Thank you for your help.

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Hello all. I am a Filipina and I am married to an American. We have been married for a few years and are about to start the paperwork for me to be a US citizen. I would love to be a US citizen, but do not want to lose by Filipino citizenship. Can I have both? Thank you for your help.

US laws does not mention dual citizenship. Since US laws does not prohibit it, the US government is okay with it when a person gains US citizenship and does acknowledge that dual citizenship exists.

To keep your Filipino citizenship when you naturalize, you will need to apply to reacquire/retain your Filipino citizenship. Contact the Philippines Consulate nearest to your home.

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http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html

US State Department Services Dual Nationality

The concept of dual nationality means that a person is a citizen of two countries at the same time. Each country has its own citizenship laws based on its own policy.Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. citizen parents may be both a U.S. citizen and a citizen of the country of birth.

A U.S. citizen may acquire foreign citizenship by marriage, or a person naturalized as a U.S. citizen may not lose the citizenship of the country of birth.U.S. law does not mention dual nationality or require a person to choose one citizenship or another. Also, a person who is automatically granted another citizenship does not risk losing U.S. citizenship. However, a person who acquires a foreign citizenship by applying for it may lose U.S. citizenship. In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship.

Intent can be shown by the person's statements or conduct.The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. citizens may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist citizens abroad. The country where a dual national is located generally has a stronger claim to that person's allegiance.

However, dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries. Either country has the right to enforce its laws, particularly if the person later travels there.Most U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport does not endanger U.S. citizenship.Most countries permit a person to renounce or otherwise lose citizenship.

Information on losing foreign citizenship can be obtained from the foreign country's embassy and consulates in the United States. Americans can renounce U.S. citizenship in the proper form at U.S. embassies and consulates abroad.

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http://www.philippineembassy-usa.org/index.php?page=consular-services-dc/faq-dc/#dual

DUAL CITIZENSHIP

Republic Act 9225 otherwise known as the Citizenship Retention and Reacquisition Act of 2003 (more popularity known as the Dual Citizenship Law) enables former natural-born Filipinos who have become naturalized citizens of another country to reacquire/retain their Philippine citizenship by taking an oath of allegiance to the Republic of the Philippines. Upon reacquiring their Philippine citizenship, they shall enjoy full civil, economic and political rights as Filipinos.

Under the principle of derivative citizenship, unmarried children below eighteen (18) years of age, whether legitimate, illegitimate, or adopted, of those who reacquired their Philippine citizenship under this law shall also be deemed Filipino citizens.

However, there is another kind of dual citizenship, which is not covered by the law. This pertains to a dual citizen by birth: A child born in the United States when either parent was still a Filipino citizen is considered to be a dual citizen from birth.

Application for reacquisition of Philippine citizenship

Submit the original and one duplicate copy of the following required documents to apply for reacquisition of Philippine citizenship:

Original duly-accomplished Application Forms

Copies of Philippine Birth Certificate

Copies of Philippine Passport

Copies of US Passport

Copies of Marriage Certificate/Contract (for married women)

Copies of US Naturalization Certificate

Six (6) pieces of latest photograph (2” x 2”)

$50.00 processing fee

For unmarried minor (below 18 years of age) children: submit a duplicate original or certified photocopy of the birth certificate of your children and their foreign passport.

After the application is processed and approved, contact the Embassy or Consulate on a predetermined date to take their oath of allegiance before a consular officer. Prior to taking the oath of allegiance, the applicant is required to sign the Oath of Allegiance prepared by the Embassy or Consulate. After the applicant takes oath, he will receive the original copy of his notarized oath of allegiance together with an Order of Approval issued by the Consulate, and the corresponding Identification Certificate, if available.

If the applicant is a Bureau of Immigration registered alien, he shall surrender the original ACR and ICR/CRTV, or in its absence, an affidavit explaining the loss of said documents for transmittal to the BI.

Rights and privileges

Once you reacquire/retain your Philippine citizenship, you will once again enjoy full civil, economic and political rights under existing Philippine laws.

Among these rights are:

The right to travel with a Philippine passport.

The right to own real property in the Philippines.

The right to engage in business and commerce as a Filipino, and

The right to practice one’s profession, provided that a license or permit to engage in such practice is obtained from the Professional Regulation Commission (PRC), or the Supreme Court in the case of lawyers.

You may also vote in Philippine national elections (for President, Vice President, Senators and sectoral representatives) by overseas/absentee ballots in accordance with the provisions of the Overseas Absentee Voting Act of 2003.

You will enjoy all other rights and privileges enjoyed by Filipino citizens.

Implication on payment of taxes

Under the Comprehensive Tax Reform Program of 1997, incomes earned abroad by Filipinos from 1998 are no longer taxable. Hence, all Filipinos abroad, including those who have reacquired their Philippine citizenship, have been exempted by the Philippine Government from paying Philippine income tax on incomes earned abroad.

Incomes earned in the Philippines, however, will be subject to Philippine income tax.

Residency requirement

Residency in the Philippines is NOT a requirement for those who reacquire Philippine citizenship.

Visa requirement for foreign spouse and/or children when traveling to the Philippines

As long as the foreign spouse and children travel with the Balikbayan, they will be entitled to a visa-free entry to the Philippines for a period of one (1) year.

Residency in the Philippines is NOT a requirement for those who reacquire Philippine citizenship.

Note: Documents submitted which are in a foreign language must have an official English translation.

Edited by Jojo92122

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