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Tom_Jim

Dual Citizen

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Has anyone been back to the Philippines after U.S. naturalization? Do you bring your "IC" certificate of RP naturalization with you when presenting your Pinoy passport in MNL? I do not want to enter using my US passport because I may be there for 5 months - which is over the visiting threshold of the US passport.

Any one know or have had experience with this? If so, I'd love to know.

Thanks.


100% Naturalized U.S.D.A. Prime American

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Filed: Other Country: Philippines
Timeline

Having a valid Philippine passport is evidence of citizenship.


Hank

"Chance Favors The Prepared Mind"

 

 

HandArrow.gif       Visa Process at USEM for the Philippines;  https://www.visaconnection-philippines.com/us-embassy-usem.html

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Filed: AOS (apr) Country: Philippines
Timeline

Balikbayans who present US passport only will have one year of stay in the Philippines. That is if you only present your US passport. But if you present both, after reacquiring your Philippine citizenship, then you can stay in the Philippines for as long as you want.

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When you enter the Philippines you must show both the US and the Philippine passport.

If you enter on the Philippine passport how would you leave?

You have no visa in that passport to enter the US.

If you show your US passport you will be asked where is the entry stamp?

I know this as I was given a very stern lecture by the emmigrations officer when I tried this very thing with my daughter, who is a dual citizen.

You MUST submit both passports when you enter the Philippines.

-phil


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Filed: Country: Philippines
Timeline

Balikbayans who present US passport only will have one year of stay in the Philippines. That is if you only present your US passport. But if you present both, after reacquiring your Philippine citizenship, then you can stay in the Philippines for as long as you want.

Why would they need to "reacquire" their Philippine citizenship if they're natural born citizens of the Philippines?

I might be misinterpreting this but I'm not sure:

http://www.philippineconsulatela.org/consular%20services/conserv-dual.htm

What is Republic Act No. 9225?

Republic Act No. 9225 otherwise known as the Citizenship Retention and Reacquisition Act of 2003 declares that natural-born citizens of the Philippines who become citizens of another country shall be deemed not to have lost their Philippine citizenship

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Why would they need to "reacquire" their Philippine citizenship if they're natural born citizens of the Philippines?

I might be misinterpreting this but I'm not sure:

http://www.philippineconsulatela.org/consular%20services/conserv-dual.htm

What is Republic Act No. 9225?

Republic Act No. 9225 otherwise known as the Citizenship Retention and Reacquisition Act of 2003 declares that natural-born citizens of the Philippines who become citizens of another country shall be deemed not to have lost their Philippine citizenship

Any Philippine citizen who takes the oath to become a USC, MUST file with the Philippine government to reaquire their Philippine citizenship.

My wife just went thru this last October.

-Phil


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Why would they need to "reacquire" their Philippine citizenship if they're natural born citizens of the Philippines?

I might be misinterpreting this but I'm not sure:

http://www.philippineconsulatela.org/consular%20services/conserv-dual.htm

What is Republic Act No. 9225?

Republic Act No. 9225 otherwise known as the Citizenship Retention and Reacquisition Act of 2003 declares that natural-born citizens of the Philippines who become citizens of another country shall be deemed not to have lost their Philippine citizenship

You need to include all of the law:

RA 9225 does not apply to dual citizens, i.e., those who have both Philippine as well as foreign citizenship not acquired through naturalization.

“..Natural –born citizens of the Philippines who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country are hereby deemed to have re-acquired Philippine citizenship upon taking the oath of allegiance to the Republic.” (Section 3, RA 9225)


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Filed: Other Country: Philippines
Timeline

Balikbayans who present US passport only will have one year of stay in the Philippines. That is if you only present your US passport. But if you present both, after reacquiring your Philippine citizenship, then you can stay in the Philippines for as long as you want.

Actually for Balikbayan it is one day short of a year.

Now when exiting, as long as the stay was one day short of a year, presenting both allows a dual citizen to avoid the travel tax.

Edited by Hank_

Hank

"Chance Favors The Prepared Mind"

 

 

HandArrow.gif       Visa Process at USEM for the Philippines;  https://www.visaconnection-philippines.com/us-embassy-usem.html

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Filed: AOS (apr) Country: Philippines
Timeline

Why would they need to "reacquire" their Philippine citizenship if they're natural born citizens of the Philippines?

I might be misinterpreting this but I'm not sure:

http://www.philippineconsulatela.org/consular%20services/conserv-dual.htm

What is Republic Act No. 9225?

Republic Act No. 9225 otherwise known as the Citizenship Retention and Reacquisition Act of 2003 declares that natural-born citizens of the Philippines who become citizens of another country shall be deemed not to have lost their Philippine citizenship

continue reading the entire provisions of the law R.A. 9225. Below is an excerpt of the FAQ regarding this law.

What is Republic Act No. 9225?

Republic Act No. 9225 otherwise known as the Citizenship Retention and Reacquisition Act of 2003 declares that natural-born citizens of the Philippines who become citizens of another country shall be deemed not to have lost their Philippine citizenship.

Who are qualified to apply under the Citizenship Retention and Reacquisition Act of 2003?

Only natural-born citizens of the Philippines who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country may retain/reacquire their Philippine citizenship under this Act.

RA 9225 does not apply to dual citizens, i.e., those who have both Philippine as well as foreign citizenship not acquired through naturalization.

“..Natural –born citizens of the Philippines who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country are hereby deemed to have re-acquired Philippine citizenship upon taking the oath of allegiance to the Republic.” (Section 3, RA 9225)

as you can see from above, once you acquire another citizenship thru naturalization, i.e. US citizenship, you automatically lose your Philippine citizenship but not absolutely. therefore you must apply to reacquire your Philippine citizenship.

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As part of the Oath Taking for becoming a US Citizen is this line:

"I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen"

http://www.uscis.gov/us-citizenship/naturalization-test/naturalization-oath-allegiance-united-states-america

Thus, legally, you have renounced your PHL Citizenship. Taking the Oath of Allegiance to the Philippines is a sort of legalistic machination so that you can reacquire it after previously renouncing it, even if you are a Natural Born Citizen. You legally renounced it and will regain it after applying and taking the oath.

I'm a dual citizen myself and know through experience. Also, after having a talking to by PHL Immigration one time, I now present both passports when entering and leaving the Philippines. When entering the US, I only present my US Passport. I've never gotten any friction from the gentlemen at the US POE.


"Ad Astra Per Aspera"

"Audentes Fortuna Adiuvat"

==========

Dec 11, 2014 - Filed I-130 via DCF @ US Embassy Manila (...and we're on the clock...) - Read about my experience filing DCF here > http://www.visajourney.com/forums/topic/527064-filed-dcf-i-130-for-ir-1-at-us-embassy-manila-aar/

Dec 11, 2014 - NOA1: Not sure what to put here, Dec 11, 2014, Dec 24, 2014 or something in between.

Dec 24, 2014 - NOA2: I called USCIS @ USEM on Jan 5, 2015 and was told the I-130 was approved on Christmas Eve. Thank you Santa!

Jan 13, 2015 - MNL Case Number & Packet 3 Received via email (I emailed the IV Unit-Manila requesting these on Jan 5, 2015 and Jan 12, 2015)

Jan 21, 2015 - NOA2: Mailed (via PhilPost!) paper/hard copy delivered to our place here in Manila.

Jan 22, 2015 - Packet 3: Mailed (again via PhilPost!) paper/hard copy delivered to out place here in Manila.

Feb 24 & 25, 2015 - Day 1 & Day 2 of Medical @ SLEC. Immunizations given on Day 2, thankfully

Mar 5, 2015 - USEM Interview Appointment - IR-1 Visa Approved! (CEAC Status updated to ISSUED afternoon of interview day)

Mar 10, 2015 - 3pm - Received SMS saying IV Package ready for pickup at 2GO MoA. Picked up at 5pm. (Shipped/Picked Up/In Hand on 3rd Business Day post interview)

Mar 13, 2015 - CFO Manila - Done

==========

Now disposing/selling/giving away/shipping to the US stuff from 14 years in the PHL and 4 years together before heading to POE.

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Tom_Jim, on 26 Nov 2014 - 2:59 PM, said:

Has anyone been back to the Philippines after U.S. naturalization? Do you bring your "IC" certificate of RP naturalization with you when presenting your Pinoy passport in MNL? I do not want to enter using my US passport because I may be there for 5 months - which is over the visiting threshold of the US passport.

Any one know or have had experience with this? If so, I'd love to know.

Thanks.

Balikbayan one-year visa-free stay

Balikbayans any overseas Filipino returning to the Philippines, including former Filipinos who have acquired foreign citizenship can stay in the Philippines without a visa for a period of one year. The balikbayan visa-free stay privilege is extended to the balikbayans non-Filipino spouse and children, provided they enter the Philippines with the balikbayan.

Former Filipino Balikbayans traveling to the Philippines are advised to bring either their old Philippine passport or copy of Philippine birth certificate as proof of their former Philippine citizenship. Accompanying family members of the balikbayan can bring appropriate supporting documents:

  • For the spouse: copy of marriage certificate
  • For each child: copy of birth certificate
  • For adopted children: copy of adoption papers

Philippine Law (R.A. 9174) provides benefits to baikbayans:

  • Tax-exempt maximum purchases in the amount of USD 1,500, or the equivalent in Philippine and other currency, at Philippine Governmentoperated duty free shops
  • Exemption from Travel Tax, provided that their stay in the Philippines is one year or less. If their stay in the Philippines exceeds one year, Travel tax will apply to them.

From <http://www.philippineconsulate.com.au/balikbayan-one-year-visa-free-stay.html>

http://www.lawphil.net/statutes/repacts/ra2002/ra_9174_2002.html


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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Has anyone been back to the Philippines after U.S. naturalization? Do you bring your "IC" certificate of RP naturalization with you when presenting your Pinoy passport in MNL? I do not want to enter using my US passport because I may be there for 5 months - which is over the visiting threshold of the US passport.

Any one know or have had experience with this? If so, I'd love to know.

Thanks.

Both my mom and my uncle are naturalized United States citizens who haven't gone through the retention and reacquisition process. They only have US passports. They no longer have valid Philippines passports. When they traveled to the Philippines recently on their US passports, the Philippine immigration officer automatically gave them the 1 year balikbayan privilege due to the fact that in their US passport says their place of birth is the Philippines.

You should be fine with just your US passport when entering the Philippines and you could just mention to the immigration officer that you want to avail of the balikbayan privilege.


Feb 24, 2014 We got married in the Philippines
Aug 12, 2014 Returned to USA after staying 6 months in the Philippines

Petition for my wife
USCIS
Sep 30, 2014 Mailed I-130 Pagkage @ Norco, CA
Oct 01, 2014 Received @ Phoenix, AZ Lockbox
Oct 06, 2014 USCIS E-notification
Oct 07, 2014 Check Cashed
Oct 09, 2014 NOA1 Received
Oct 30, 2014 NOA2 Received (Oct 26 Notice Date)

NVC
Nov 18, 2014 NVC Received Case
Dec 16, 2014 NVC Welcome Letter E-mail Received (Including Case Number & IIN)
Dec 16, 2014 DS-261 Submitted
Dec 17, 2014 Affidavit of Support Invoice Received
Dec 18, 2014 Affidavit of Support Invoice Paid
Dec 21, 2014 Mailed AOS and IV Package
Jan 14, 2015 Immigrant Visa Invoice Received
Jan 14, 2015 Immigrant Visa Invoice Paid
Jan 24, 2015 DS-260 Submitted
Mar 04, 2015 Case Complete
Mar 09, 2015 Interview Scheduled E-mail Received

US Embassy
Mar 20, 2015 Medical Exam
Mar 23, 2015 Medical Results Received
Apr 15, 2015 Interview - Visa Approved
Apr 18, 2015 Visa Delivered

USA
May 17, 2015 Point of Entry - Los Angeles
May 26, 2015 Social Security Card Received
Jun 23, 2015 Permanent Resident Card Received *** Removal of Conditions Apr 22, 2017 Mailed I-751 package from Norco, CA to California Service Center *** May 8, 2017 Check Cashed *** May 8, 2017 NOA Received

Petition for my step-son
USCIS Dec 30, 2015 Mailed I-130 package from Norco, CA *** Jan 04, 2016 Received @ Phoenix, AZ Lockbox *** Jan 06, 2016 USCIS E-notification *** Jan 07, 2016 Check Cashed *** Jan 11, 2016 NOA1 Received *** Feb 10, 2016 NOA2 Received (Feb 03 Notice Date) *** NVC Mar 05, 2016 NVC Welcome Letter Received (Including Case Number & IIN) *** Mar 17, 2016 DS-261 Submitted *** Apr 01, 2016 Immigrant Visa Invoice Received *** Apr 1, 2016 Affidavit of Support Invoice Paid *** Apr 01, 2016 Immigrant Visa Invoice Paid *** Jun 8, 2016 DS-260 Submitted *** Jun 11, 2016 Mailed AOS and IV Package *** Jul 22, 2016 Case Complete *** Aug 5, 2016 Interview Scheduled E-mail Received *** US Embassy Oct 17, 2016 Medical Exam *** Oct 19, 2016 Medical Results Received *** October 28, 2016 Interview *** Nov 3, 2016 Visa Delivered *** USA Mar 27, 2017 Point of Entry - Los Angeles *** Apr 21, 2017 Permanent Resident Card Received *** Apr 21, 2017 Social Security Card Requested (USCIS didn't process)

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Interesting stuff. So basically, if I want to stay indefinitely without getting taxed, I need to present both passports. If I just want to vacation, just bring the US passport and ask for Balikbayan status and leave before a year.

Is that correct?


100% Naturalized U.S.D.A. Prime American

proud_filipino_american_trucker_hat.jpg?

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You should be fine with just the US passport alone for stays less than 1 year as long as it says you were born in the Philippines.

As for having both US and Philippines passports, if you stay 1 year or more, you have to pay the travel tax upon departure from the Philippines - even if you presented both US and Philippines passports upon arrival. For stays less than 1 year, you don't have to pay it. Just make sure they stamp both passports.


Feb 24, 2014 We got married in the Philippines
Aug 12, 2014 Returned to USA after staying 6 months in the Philippines

Petition for my wife
USCIS
Sep 30, 2014 Mailed I-130 Pagkage @ Norco, CA
Oct 01, 2014 Received @ Phoenix, AZ Lockbox
Oct 06, 2014 USCIS E-notification
Oct 07, 2014 Check Cashed
Oct 09, 2014 NOA1 Received
Oct 30, 2014 NOA2 Received (Oct 26 Notice Date)

NVC
Nov 18, 2014 NVC Received Case
Dec 16, 2014 NVC Welcome Letter E-mail Received (Including Case Number & IIN)
Dec 16, 2014 DS-261 Submitted
Dec 17, 2014 Affidavit of Support Invoice Received
Dec 18, 2014 Affidavit of Support Invoice Paid
Dec 21, 2014 Mailed AOS and IV Package
Jan 14, 2015 Immigrant Visa Invoice Received
Jan 14, 2015 Immigrant Visa Invoice Paid
Jan 24, 2015 DS-260 Submitted
Mar 04, 2015 Case Complete
Mar 09, 2015 Interview Scheduled E-mail Received

US Embassy
Mar 20, 2015 Medical Exam
Mar 23, 2015 Medical Results Received
Apr 15, 2015 Interview - Visa Approved
Apr 18, 2015 Visa Delivered

USA
May 17, 2015 Point of Entry - Los Angeles
May 26, 2015 Social Security Card Received
Jun 23, 2015 Permanent Resident Card Received *** Removal of Conditions Apr 22, 2017 Mailed I-751 package from Norco, CA to California Service Center *** May 8, 2017 Check Cashed *** May 8, 2017 NOA Received

Petition for my step-son
USCIS Dec 30, 2015 Mailed I-130 package from Norco, CA *** Jan 04, 2016 Received @ Phoenix, AZ Lockbox *** Jan 06, 2016 USCIS E-notification *** Jan 07, 2016 Check Cashed *** Jan 11, 2016 NOA1 Received *** Feb 10, 2016 NOA2 Received (Feb 03 Notice Date) *** NVC Mar 05, 2016 NVC Welcome Letter Received (Including Case Number & IIN) *** Mar 17, 2016 DS-261 Submitted *** Apr 01, 2016 Immigrant Visa Invoice Received *** Apr 1, 2016 Affidavit of Support Invoice Paid *** Apr 01, 2016 Immigrant Visa Invoice Paid *** Jun 8, 2016 DS-260 Submitted *** Jun 11, 2016 Mailed AOS and IV Package *** Jul 22, 2016 Case Complete *** Aug 5, 2016 Interview Scheduled E-mail Received *** US Embassy Oct 17, 2016 Medical Exam *** Oct 19, 2016 Medical Results Received *** October 28, 2016 Interview *** Nov 3, 2016 Visa Delivered *** USA Mar 27, 2017 Point of Entry - Los Angeles *** Apr 21, 2017 Permanent Resident Card Received *** Apr 21, 2017 Social Security Card Requested (USCIS didn't process)

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