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Filed: AOS (apr) Country: Philippines
Timeline
Posted

My Filipino wife and our USA born-baby is on a long Christmas Vacation visit to the philippines. She has her 10 year green card now.

She is now worried that the US born-baby has exceed the time limit for the visit there in the philippines and said she thinks she will have to pay a penality for doing that. Do you know what the rules are for this and the penalty.

Thanks,

Visa issued: 04-13-2007

Entered USA: 05/30/2007

Married: 07/11/2007

Filed AOS/EAD: 07/27/200

NOA: AOS/EAD:09/10/2007

BIOMETRICS: 10/04/2007

Green Card Issued 11/21/2007

Filed: IR-1/CR-1 Visa Country: Belarus
Timeline
Posted

My Filipino wife and our USA born-baby is on a long Christmas Vacation visit to the philippines. She has her 10 year green card now.

She is now worried that the US born-baby has exceed the time limit for the visit there in the philippines and said she thinks she will have to pay a penality for doing that. Do you know what the rules are for this and the penalty.

Thanks,

There will be no penalty for the child from the US, however if there is a limit to how much time a US Citizen can spend in the Philippines then that question should be addressed to the Phillipine Immigration folks. You can check on the US Embassy website to see if they have the information on who to contact.

Filed: AOS (apr) Country: Philippines
Timeline
Posted

yes- as for the length of stay, it is 90 days for any US citizen, that... I do know! Thanks!

Visa issued: 04-13-2007

Entered USA: 05/30/2007

Married: 07/11/2007

Filed AOS/EAD: 07/27/200

NOA: AOS/EAD:09/10/2007

BIOMETRICS: 10/04/2007

Green Card Issued 11/21/2007

Posted

the baby should have a one year visa since they arrived together in the PI. This is of course if your wife made them aware of it when they arrived. It would be free.

THE BALIKBAYAN PRIVILEGE (R.A.6768 as amended)

By legal definition, a Balikbayan is:

1. A Filipino citizen who has been continuously out of the Philippines for a period of at least 1 year;

2. A Filipino overseas worker; or

3. A former Filipino citizen and his or her family, who had been naturalized in a foreign country and comes or returns to the Philippines.

• The “Balikbayan Privilege” may be availed of by foreign family members of all 3 classifications provided that they travel together everytime they enter the country (MEMORANDUM dated July 1, 2008 issued by Atty. Edgardo L. Mendoza, Chief, IRD).

• “FAMILY” shall mean the spouse and the children of the Balikbayan who are not Balikbayan in their own right traveling with the latter to the Philippines. (Section 2 (b) of R.A. no. 9174, amending R.A. 6768, entitled: “An Act Instituting a “BALIKBAYAN PROGRAM”, by providing Additional Benefits and Privileges to Balikbayan and for other purposes”).

• Correspondingly, all Balikbayans 14 years and below and 60 years of age shall be allowed to extend their temporary visitor visa under Section 9a of the Philippine Immigration Act of 1940 as amended, for a maximum period of 6 months for every extension PROVIDED that all appropriate fees are paid. Thus, Balikbayans are allowed a maximum total stay of 2 years inclusive of all extensions. (MEMORANDUM ORDER NO. ADD – 02 – 011 dated 11 February 2002).

http://immigration.gov.ph/index.php?option=com_content&task=view&id=239&Itemid=37

For our Full timeline

event.png

Removal of conditions Journey

16 March 2012 Sent I-751 package from Aviano AB, Italy.

29 March 2012 Received everything back...wrong fee. thought we didn't have to pay biometrics since we were sending fingerprint cards and passport photos.

30 March 2012 Sent everything out again from Aviano AB, Italy.

10 April 2012 Check cashed

17 April 2012 Received NOA1 dated 6 April.

06 Dec 2012 Received 10 yr green card. Letter said it was approved 28 November 2012.

Filed: Country:
Timeline
Posted
yes- as for the length of stay, it is 90 days for any US citizen, that... I do know! Thanks!

Actually, upon entry into the Philippines a US Citizen will receive an authorized stay of 21 days unless they already obtained a PH Visa for a longer duration.

But, this is irrelevant to the question at hand if things we handled properly at PH Immigrations where the child should have received a 1 year authorized stay as they entered with their PH Citizen mother.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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