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Tom_Jim

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Posts posted by Tom_Jim

  1. 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.

    Thanks, RWD.

    I don't know anything about the travel tax, but, is that a fixed rate, or does it increase the longer one stays?

  2. 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?

  3. 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.

  4. Hire an atty. It will make your process to go smoothly!! You will have enough with the stress of waiting!!

    Be it filing with an attorney or yourself, the stress of waiting doesn't change.

    OP, the decision on whether or not to retain an attorney can only be made by you. One thing that can guide your decision making is this, look through all the instructions for the necessary forms and the forms themselves. Make a determination on your own comfort level in filling out the forms. If you are comfortable filling out the forms yourself and there is nothing in your background that could cause major problems, then an attorney is probably not necessary. On the flip side, if you are not comfortable filling out the forms yourself, then legal or professional assistance would probably be for you.

    Regardless of what you decide, it will still be your responsibility to gather accompanying documents and evidence for your file.

    Also, I wholeheartedly disagree with the prior poster's assertion that having an attorney will make the process go smoothly. Retaining an attorney will in no way guarantee your process will go smoothly, I've seen other members post on many occasions that the attorney they hired screwed up their case causing delays that would not have otherwise occurred.

    Overstay is not relevant in this case.

    The Three Year Bar: Persons who remain in the U.S. after their authorized stay has expired for more than 180 days but less than one year, and who leave the U.S. prior to the institution of removal proceedings, are barred from reentering the US for three years from their date of departure.

    The Ten Year Bar: Persons who remain in the U.S. after their authorized stay has expired for more than one year, and who leave the U.S. prior to the institution of removal proceedings, are barred from reentering the U.S. for ten years from their date of departure.

    Overstay is not relevant in this case.

  5. The United States does not favor dual nationality as a matter of policy, but does recognize its existence in individual cases. The Supreme Court of the United States has stated that dual nationality is "a status long recognized in the law" and that "a person may have and exercise rights of nationality in two countries and be subject to the responsibilities of both. The mere fact that he asserts the rights of one citizenship does not without more mean that he renounces the other," (Kawakita v. U.S., 343 U.S. 717, 1952). (The Embassy does not have Supreme Court cases on file; interested parties may wish to consult with local law school libraries.) These concepts apply also to persons who have more than two nationalities.

    The current nationality laws of the United States do not specifically refer to dual nationality. The automatic acquisition or retention of a foreign nationality does not affect U.S. citizenship; however, under limited circumstances, the acquisition of a foreign nationality upon one's own application or the application of a duly authorized agent may cause loss of U.S. citizenship under Section 349 (a)(1) of the Immigration and Nationality Act [8 U.S.C. 1481 (a)(1)].

    While recognizing the existence of dual nationality and permitting Americans to have other nationalities, the U.S. Government does not endorse dual nationality as a matter of policy because of the problems that it may cause.

  6. Move to New Jersey!

    I filed in Newark, NJ in October of last year and got my interview AND oath taking (Newark does same-day oath takings!) in March of 2014: 5 months (almost exactly) from application to citizenship. New York City has been so backed up even from 2013 and Newark is still showing 5 months on schedule.

    NYC is showing processing of apps from March 11, 2014 - so basically 8-9 months behind schedule.

  7. Best of luck. It looks like you're doing everything right. The end is near. Hang tight.


    All this paper gathering does get so old, so fast...and the whole process lasts such a long time. My sympathies, gosh. But thanks very much for the heads-up.

    Cry me a river. You could be in Liberia right now. What does one expect BUT paper gathering for getting US CITIZENSHIP.

  8. Three weeks appears to be excessive. It difficult for you to contact USCIS since you may not have been assigned an application number yet. I would monitor the check to see whether it is cashed - that should give a better indication whether or not it's been accepted for processing.

    Good luck and hang tight. You're almost there!

  9. The application asks if you were ever arrested, detained, or cited. So if you received a citation, you should disclose it. It doesn't sound to me like that applies to you. I'm no expert, but if I were in your situation, I wouldn't disclose it.

    Practically speaking, you do not need to disclose your detention (yes, you were detained). Therefore, answer, "No".

  10. If you're unable to find someone to babysit for your ceremony, you can have your wife wait with them in the waiting are while you are interviewed. They won't ask your wife into the interview room. It will be unlikely.

    I had my oath the same day I was approved. In that ceremony, all the guests sat in an area away from the soon-to-be citizens.

  11. I have oath ceremony scheduled for next week.

    I have few questions related to that :

    1) Are Kids allowed in the Oath ceremony. Can they be allowed to sit with us?
    2) Where did you fill Form N-445 ?..At home before leaving to Oath or at the ceremony?
    3) I know returning GC is mandatory..Will there be any issue if i didn't find or return AP/EAD?
    Thanks in advance.

    1. In Newark, NJ, they are allowed. However, you are the only one that is allowed in the interview room itself.

    2. Before

    3. They will need you to return your GC. They don't care about the EAD or your AP.

    Good luck.

  12. It seems that they have stopped scheduling people for interviews, does anyone know why? It's frustrating that I could have taken the oath by now if I'd applied to any other TX office. I can't believe I'm going to miss out on voting in yet another election because of this. I'm getting sick of paying taxes without having a say in how they're spent.

    Well, the March 2014 *estimates timeline for the Houston office was 5 months. It's just coming up on five months now. The timeline now for Houston is more than 7 months. The wait sucks, but you'll be getting it sooner or later.

    As for voting, you may not make that primary next week, but at least, you'll get to vote in the general election.

  13. HEllo VJ I'm kinda new to this . I have a few concerns about my case . So I applied for n400 back in April 2 2014 I finish my initial interview on july 8 I pass the English and writing and civic test and a decision cannot be made I got a form that had the marks for that .

    Here's the story back in 2007 I got involved in a crime for which I shouldn't had got involved in. It was for "insurance fraud a wobbler and considered as felony"

    I got 5 years of unsupervised probation and no jail time . I finish my unsupervised probation back in 2012 I also go my case expunge and dismiss and set aside and NG plea granted under penal 1203.4 and 17 (b). I took all the paper work such as COD and COE to my interview .

    My interview went well although the IO said a decision can not be made and that they will review my n400 application carefully.

    On july 14 I went to my congress office to get some help with my n400 to expedite The wait. They were kinda helpful . On july 29 I got a Case update thing you are in line for an interview receive a letter for the time and place for your interview. Which I don't get. is this a normal process any advice? with my n400 get denied or Approve?

    I came to the United States back in 1986 as an IR2 category it's been over 28 years since I've been a LPR.

    I lost my mother at age 6 So I'm not an automatic citizen. That's why I'm applying for citizenship on my own .

    Talo ka. Uwi ka na.

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