Child US Citizen in the Philippines with dual citizenship and alien parents

[jelyan 0]

Hi I am mother of a USC which holds a dual citizenship, we are currently residing in the Philippines.. Here's my problem: First of all I only hold a tourist visa and I gave birth to my daughter 4 years ago and went home again.. My questions are:

1. Will my Visa get revoked once my daughter and I go back to the US knowing I gave birth to her as a "tourist"?

2. Can i accompany her going back to the US?

3. Renewing her visa here in the Philippines (some say) will again lead to questioning of my having given birth to her in the US.. How can I renew it?

4. The issue that my USC daughter having alien parents..

Can somebody help me with a similar situation or have undergone my situation without getting questioned.. Or has some of you already gone back to the US hassle free?

Thanks so much!!

jel

[canadian_wife 1,829]

No, the visa itself shouldn't be revoked simply because of the status of your daughter

However, with a USC child, you obviously have ties to the US. You will not be guarenteed entry into the US because you have a USC daughter. In fact, they may require stronger ties because of it

Good luck, more will follow with better, more informed answers

[Anh map 2,098]

The child is a US citizen and does not need a visa. She does need a valid US passport. Anyone with a claim to citizenship cannot be issued a visa. You will need a valid visa. With a tourist visa and a USC child you will need very strong ties to home in order to be allowed entry.

[Gumbolette 58]

This is a very interesting topic. It would be thrilling to hear more inputs.

My best bet is for you to submit an inquiry to the USEM Manila and see where you stand. I'm sure they can tell you off hand what is the best thing to do.

But in my observation, if your daughter is a USC, and you just happen to give birth to her in the US, She has definitely the right to be in this country, and You who once were able to procure a US Tourist visa goes to show that can support and take care of yourself even if you are in the US. Needless to say, you shouldn't have any problem renewing your US Tourist visa by the time you should. When your daughter reaches the age of 18, she has the final say to which citizenship she would to keep.

Visa wise, I don't think you will have any major obstacle in your situation.

Edited May 6, 2011 by Cutie_Patootie

[Anh map 2,098]

This is a very interesting topic. It would be thrilling to hear more inputs.

My best bet is for you to submit an inquiry to the USEM Manila and see where you stand. I'm sure they can tell you off hand what is the best thing to do.

But in my observation, if your daughter is a USC, and you just happen to give birth to her in the US, She has definitely the right to be in this country, and You who once were able to procure a US Tourist visa goes to show that can support and take care of yourself even if you are in the US. Needless to say, you shouldn't have any problem renewing your US Tourist visa by the time you should. When your daughter reaches the age of 18, she has the final say to which citizenship she would to keep.

Visa wise, I don't think you will have any major obstacle in your situation.

The potential major obstacle is the mother being turned around at the POE. Just because the mother has a valid tourist visa and the child is a USC does not give the mom a free pass. If the "tourist" is seen as someone who intends to immigrate then they will not be allowed past customs.

[Gumbolette 58]

The potential major obstacle is the mother being turned around at the POE. Just because the mother has a valid tourist visa and the child is a USC does not give the mom a free pass. If the "tourist" is seen as someone who intends to immigrate then they will not be allowed past customs.

Ok, lets weigh in the situation..

First, the child is minor. If ever the mother tries to enter the US with her child who is a USC, surely she will be questioned at the POE what is her grounds for entering the country? And I am certain that she will say that my child is a USC so she has the right to see her country of citizenship, the mother surely will not leave the child in this country when she gets back to the Philippines(who is a sick mother would do that?) since she is just a tourist. Not unless, she has family members that the mother is willing to leave her child with (but now we are talking about custody).

The OP will just have to explain to the border officer that this visit is purely a visit alone and she has the intention to come back to the country.

The OP did not say if she wants to immigrate, so....

Second, If the parents has intention to immigrate to the US, then this is now the time for her to re-apply for a VISA as an Immigrant and she has to meet all the qualifications (or might be a few considerations based from this situation) that can be found in the US embassy Manila website. In that way, she will be an immigrant to the country and has the right to stay with her USC daughter.

Thirdly, the OP has an existing Tourist visa and wants to know if she can accompany her child to the US--- YES! But, you will have to secure reasons to come back to the the Philippines without showing of intention of overstaying right off at the POE. (round trip tickets for both maybe)

I would suggest to speak to an immigration lawyer just because this matter doesn't come everyday through the walls of this forum and we can't give you solid information based from pure assumptions and observation.

Edited May 7, 2011 by Cutie_Patootie

[Anh map 2,098]

Ok, lets weigh in the situation..

First, the child is minor. If ever the mother tries to enter the US with her child who is a USC, surely she will be questioned at the POE what is her grounds for entering the country? And I am certain that she will say that my child is a USC so she has the right to see her country of citizenship, the mother surely will not leave the child in this country when she gets back to the Philippines(who is a sick mother would do that?) since she is just a tourist. Not unless, she has family members that the mother is willing to leave her child with (but now we are talking about custody).

The OP will just have to explain to the border officer that this visit is purely a visit alone and she has the intention to come back to the country.

The OP did not say if she wants to immigrate, so....

Second, If the parents has intention to immigrate to the US, then this is now the time for her to re-apply for a VISA as an Immigrant and she has to meet all the qualifications (or might be a few considerations based from this situation) that can be found in the US embassy Manila website. In that way, she will be an immigrant to the country and has the right to stay with her USC daughter.

Thirdly, the OP has an existing Tourist visa and wants to know if she can accompany her child to the US--- YES! But, you will have to secure reasons to come back to the the Philippines without showing of intention of overstaying right off at the POE. (round trip tickets for both maybe)

I would suggest to speak to an immigration lawyer just because this matter doesn't come everyday through the walls of this forum and we can't give you solid information based from pure assumptions and observation.

The question is: will the tourist even be allowed into the country? There is no obligation to let her in with a USC child. The existing tourist visa is no guarantee of entry. People here on VJ get denied when the CBP officer learns they have a USC fiance(e). Being the mother of the child does not grant her any special dispensation.

In this situation the mother would be deemed very likely to stay and dealt with as a person looking to circumvent the immigration process. The mother has to prove she has stronger ties to home than she does to the US. With a child in the US, where would you judge the stronger ties exist?

The OP cannot apply for an immigrant visa based on being a parent of a USC child. The child has a right to be here, but not the mother. And if there is no one here in the US to take custody of the child, then both will be returning to the PI as the CBP will not arrange for care of the child. That may sound cruel, but those are the likely realities.

The mother may certainly get on the plane to the US. Getting past the immigration hall is an entirely different matter. Leaving aside the wishes and hopes expressed above, the mother would be wise to seek the advice of a qualified, experienced US based immigration attorney.

[JimVaPhuong 4,863]

Ok, lets weigh in the situation..

First, the child is minor. If ever the mother tries to enter the US with her child who is a USC, surely she will be questioned at the POE what is her grounds for entering the country? And I am certain that she will say that my child is a USC so she has the right to see her country of citizenship, the mother surely will not leave the child in this country when she gets back to the Philippines(who is a sick mother would do that?) since she is just a tourist. Not unless, she has family members that the mother is willing to leave her child with (but now we are talking about custody).

The OP will just have to explain to the border officer that this visit is purely a visit alone and she has the intention to come back to the country.

The OP did not say if she wants to immigrate, so....

Forgive me for dropping the script font and color, but it's difficult to read.

The mother has a US citizen child. She could overstay for years, and when the child is 21 the child could petition for her to adjust status as an immediate relative. The potential for her to abuse her non-immigrant visa is huge, especially from a country as backlogged on family based immigrant visa applications as the Philippines. There is a strong likelihood she would be denied entry by the CBP.

Second, If the parents has intention to immigrate to the US, then this is now the time for her to re-apply for a VISA as an Immigrant and she has to meet all the qualifications (or might be a few considerations based from this situation) that can be found in the US embassy Manila website. In that way, she will be an immigrant to the country and has the right to stay with her USC daughter.

Family based immigrant visas begin with a petition by a qualifying family member. You don't simply walk into a consulate and ask for an immigrant visa. She hasn't mentioned anyone submitting an immigrant visa petition on her behalf. Unless she's got relatives in the US she hasn't told us about, she's got no basis to immigrate at this point.

Thirdly, the OP has an existing Tourist visa and wants to know if she can accompany her child to the US--- YES! But, you will have to secure reasons to come back to the the Philippines without showing of intention of overstaying right off at the POE. (round trip tickets for both maybe)

I would suggest to speak to an immigration lawyer just because this matter doesn't come everyday through the walls of this forum and we can't give you solid information based from pure assumptions and observation.

This subject is far more common than you think. There's a strong chance she could be denied entry to the US. Round trip tickets are a minimum requirement for visitors from any country. Proof of strong ties to her home country that would compel her to return are also required. She has a child who is a US citizen. That is a strong mitigating factor which runs contrary to any other evidence she has of ties to her home country. Unlike most people who enter the US with a visitor's visa, she has a clear path to eventually immigrate if she chooses to simply ignore the return date on her I-94, and simply stay for years in the US. Any immigration officer would see her as a huge risk.

Her child will not able to provide her any immigration benefit until the child is 21 years old.