Apply for U.S citizenship or not ?

[Kevin-n-Merlaine 14]

The US doesn't recognize "dual citizenship". As far as their concerned you're either a US citizen or you're not. That's not really relevant though because it's not them you're concerned about. Once you have US citizenship, you're one for life...it's the citizenship in the Phils that you're concerned with. The Philippine government DOES recognize and allow dual citizenship. I'll have to re-read but It was my understanding that you really didn't need to do anything at all. You never technically give up your Philippine citizenship, you only acquire US citizenship...did I read or understand wrong??

[Tahoma 2,292]

You never technically give up your Philippine citizenship, you only acquire US citizenship...did I read or understand wrong??

Brother Kevin...Someone can correct me if I'm wrong, but it's my understanding that a Filipino who becomes a U.S. citizen, and then allows their Filipino passport to expire, must reacquire their Filipino citizenship.

[DavenRoxy 1,073]

Brother Kevin...Someone can correct me if I'm wrong, but it's my understanding that a Filipino who becomes a U.S. citizen, and then allows their Filipino passport to expire, must reacquire their Filipino citizenship.

There is no "allowing it to expire"... when you acquire USC, you have to hand over your passport of your motherland. So yes, you must actually re-apply for PI citizenship.

[rin and john 71]

when you acquire USC, you have to hand over your passport of your motherland.

I don't think this is correct (a quick search on VJ would suggest you are not required to turn it in). As a passport technically is the property of the foreign country it would seem a bit bold for the USA to confiscate it.

Once a USC, you must present your US Passport when entering or exiting the USA.

http://www.visajourney.com/forums/topic/313760-surrendering-of-passport-from-birth-country/

http://www.visajourney.com/forums/topic/222614-is-your-foreign-passport-taken-away-at-oath-ceremony/

http://www.visajourney.com/forums/topic/292767-after-naturalization-interview-what-happens-to-the-old-passport/

http://www.visajourney.com/forums/topic/235377-surrendering-your-pasport/

[Markieboy 104]

There is no "allowing it to expire"... when you acquire USC, you have to hand over your passport of your motherland. So yes, you must actually re-apply for PI citizenship.

From what I understand, USCIS needs to see all valid and expired passports to verify dates of travel outside of the U.S. USCIS does not necessarily require you to surrender your foreign passport, as opposed to your permanent resident card.

[Kevin-n-Merlaine 14]

That's what I thought Tahoma, that as long as you renewed your Philippine passport and didn't let it expire you never fell off the radar so to speak. I may be wrong but I could swear I'd read that in the guides or on the state dept website, or the Phils DFA website...I dunno, I'll start digging again..lol Won't be long and it will be AOS time so I'd better find out for sure myself

[Tahoma 2,292]

That's what I thought Tahoma, that as long as you renewed your Philippine passport and didn't let it expire you never fell off the radar so to speak. I may be wrong but I could swear I'd read that in the guides or on the state dept website, or the Phils DFA website...I dunno, I'll start digging again..lol Won't be long and it will be AOS time so I'd better find out for sure myself

I'm still confused by the Philippines Embassy website. They have one form which is used for both retaining and/or reacquiring citizenship. Somewhere else, I saw two separate forms; one for retaining citizenship and the other one for reacquiring citizenship. I can't remember where I saw it. I couldn't find any explanation on the Embassy website, or on the form itself, that answered my questions.

I don't know the rules, but it seems intuitive to me that a Filipino who is a naturalized U.S. citizen could use their unexpired Filipino passport if they wanted to. However, once their Filipino passport expired, they would have to file the retain/reacquire form with the Philippines Consulate. As for renewing a Filipino passport before it expires, I'm guessing that the same naturalized U.S. citizen would file the same retain/reacquire form.

This issue might deserve a thread over in the Citizenship Forum.

[kev_n_jena 89]

Does becoming a US citizen limit the amount of property the former Philippine citizen is allowed to inherit or puchase in The Philippines? *see link*

http://www.philippine-embassy.org.sg/useful-information/land-ownership/

Is there a way a former Filipino can reacquire their citizenship to avoid these limitations?

[Tahoma 2,292]

Does becoming a US citizen limit the amount of property the former Philippine citizen is allowed to inherit or puchase in The Philippines? *see link*

http://www.philippine-embassy.org.sg/useful-information/land-ownership/

Is there a way a former Filipino can reacquire their citizenship to avoid these limitations?

Thanks for your link...it was interesting reading.

Yes, a Filipino can reacquire their citizenship: my link. The link is from the Philippines Embassy website.

My own questions have more to do with how/when a Filipino loses their Filipino citizenship. I posted a thread on VJ about the issue here.

[kev_n_jena 89]

Thanks for your link...it was interesting reading.

Yes, a Filipino can reacquire their citizenship: my link. The link is from the Philippines Embassy website.

My own questions have more to do with how/when a Filipino loses their Filipino citizenship. I posted a thread on VJ about the issue here.

I cannot vouch for the validity of the provided link/text

http://www.chanrobles.com/commonwealthactno63.html

COMMONWEALTH ACT NO. 63

AN ACT PROVIDING FOR THE WAYS IN WHICH PHILIPPINE CITIZENSHIP MAY BE LOST OR REACQUIRED.

Section 1. How citizenship may be lost. - A Filipino citizen may lose his citizenship in any of the following ways and/or

events:

(1) By naturalization in a foreign country;

(2) By express renunciation of citizenship;

(3) By subscribing to an oath of allegiance to support the constitution or laws of a foreign country upon attaining twenty-one years of age or more: Provided, however, That a Filipino may not divest himself of Philippine citizenship in any manner while the Republic of the Philippines is at war with any country.

(4) By rendering services to, or accepting commission in, the armed forces of a foreign country, and the taking of an oath of allegiance incident thereto, with the consent of the Republic of the Philippines, shall not divest a Filipino of his Philippine citizenship if either of the following circumstances is present:

(a) The Republic of the Philippines has a defensive and/or offensive pact of alliance with the said foreign country; or

(b) The said foreign country maintains armed forces on Philippine territory with the consent of the Republic of the Philippines: Provided, That the Filipino citizen concerned, at the time of rendering said service, or acceptance of said commission, and taking the oath of allegiance incident thereto states that he does so only in connection with his service to said foreign country: And, Provided, finally, That any Filipino citizen who is rendering service to, or is commissioned in, the armed forces of a foreign country under any of the circumstances mentioned in paragraph (a) or (b). shall not be permitted to participate nor vote in any election of the Republic of the Philippines during the period of his service suspended to, or commission in, the armed forces of said foreign country. Upon his discharge from the service of the said foreign country, he shall be automatically entitled to the full enjoyment of his civil and political rights as a Filipino citizen; (As amended by R. A. 106, R. A. 2639 and R. A. 3834).

(5) By cancellation of the certificates of naturalization;

(6) By having been declared by competent authority, a deserter of the Philippine armed forces in time of war, unless subsequently, a plenary pardon or amnesty has been granted; and

(7) In the case of a woman, upon her marriage to a foreigner if, by virtue of the laws in force in her husband's country, she acquires his nationality.

The provisions of this section notwithstanding, the acquisition of citizenship by a natural born Filipino citizen from one of the Iberian and any friendly democratic countries or from the United Kingdom shall not produce loss or forfeiture of his Philippine citizenship if the law Of that country grants the same privilege to its citizens and such had been agreed upon by treaty between the Philippines and the foreign country from which citizenship is acquired.

Sec. 2. How citizenship may be reacquired. -- Citizenship may be reacquired:

(1) By naturalization: Provided, That the applicant possess none of the disqualifications prescribed in section two of Act Numbered Twenty-nine hundred and twenty-seven.

(2) By repatriation of deserters of the Army, Navy or Air Corps: Provided, That a woman who lost her citizenship by reason of her marriage to an alien may be repatriated in accordance with. the provisions of this Act after the termination of the marital status; and

(3) By direct act of the National Assembly.

Sec. 3. Procedure incident to reacquisition of Philippine citizenship. - The procedure prescribed for naturalization tinder

Act Numbered Twenty-nine hundred and twenty-seven, as amended, shall apply to the reacquisition of Philippine citizenship by naturalization provided for in the next preceding. section: Provided, That the qualifications and special qualifications

prescribed in sections three and four of said. Act shall not be required: And, Provided, further:

(1) That the applicant be at least twenty-one years of age and shall have resided in the Philippines at least six months before he applies for naturalization;

(2) That he shall have conducted himself in a proper and irreproachable manner during the entire. period of his residence in the Philippines, in his relations with. the constituted government as well as with the community in which he is living; and

(3) That he subscribes to an oath declaring his intention to renounce absolutely and perpetually alt faith and allegiance to the foreign authority, state or sovereignty of which he was a citizen or subject.

Sec. 4. Repatriation shall be effected by merely taking the necessary oath of allegiance to the Commonwealth of the

Philippines and registration in the proper civil registry.

Sec. 5. The Secretary of Justice shall issue the necessary regulations for the proper enforcement of this Act. Naturalization blanks and other blanks required for carrying out the provisions of this Act shall be prepared and furnished by the Solicitor General subject to approval of the Secretary of Justice.

Sec. 6. This Act shall take effect upon its approval.

Approved: October 21, 1936.

[Tahoma 2,292]

http://www.chanrobles.com/commonwealthactno63.html

Section 1. How citizenship may be lost:

(1) By naturalization in a foreign country;

(3) By subscribing to an oath of allegiance to support the constitution or laws of a foreign country upon attaining twenty-one years of age or more.

(7) In the case of a woman, upon her marriage to a foreigner if, by virtue of the laws in force in her husband's country, she acquires his nationality.

Sec. 2. How citizenship may be reacquired:

Sec. 4. Repatriation shall be effected by merely taking the necessary oath of allegiance to the Commonwealth of the

Philippines and registration in the proper civil registry.

Hey...this looks like good info and may answer a lot of questions.

For those who want to retain their Filipino citizenship after they become U.S. citizens, I'm guessing it's a good idea to file to retain/reacquire their Filipino citizenship soon after they become U.S. citizens. It may have nothing to do with whether their Filipino passport has expired or not. They need to file because they have naturalized in a foreign country.

[I AM NOT THAT GUY 5,715]

Correcting some stuff:

The US is not concerned about what you do with your Philippines passport, as long as you do not use it for travel once you become a US Citizen. Wife kept all her Philippines stuff, and since she didn't do any traveling since she first arrived in the US, the only time she showed her passport to the USCIS was at the AOS interview.

Advantages of becoming a US citizen:

For the sponsors, the affidavit of support expires. The new citizen can get all the means tested benefits available, and the sponsors don't have to pay it back.

Travelling under the US passport when entering the Philippines gets the holder certain benefits normally not available to Philippines citizens such as shopping at duty free shops, avoiding travel and other taxes, and special visas available for themselves, and family, for extended visits.

Advantages of remaining a Philippines citizen:

You can take advantage of absentee voting for Philippines elections under certain circumstances.

Edited September 17, 2011 by Crusty Old Perv

[Markieboy 104]

Hey...this looks like good info and may answer a lot of questions.

For those who want to retain their Filipino citizenship after they become U.S. citizens, I'm guessing it's a good idea to file to retain/reacquire their Filipino citizenship soon after they become U.S. citizens. It may have nothing to do with whether their Filipino passport has expired or not. They need to file because they have naturalized in a foreign country.

Exactly what we are thinking and are planning!

[kev_n_jena 89]

The provisions of this section notwithstanding, the acquisition of citizenship by a natural born Filipino citizen from one of the Iberian and any friendly democratic countries or from the United Kingdom shall not produce loss or forfeiture of his Philippine citizenship if the law Of that country grants the same privilege to its citizens and such had been agreed upon by treaty between the Philippines and the foreign country from which citizenship is acquired.

Keep in mind this was written in 1936. I have no idea what agreements the US has with The Philippines. We need more and current information about the process. It may be that the Filipino does not lose his citizenship when he becomes a US citizen.

[I AM NOT THAT GUY 5,715]

The provisions of this section notwithstanding, the acquisition of citizenship by a natural born Filipino citizen from one of the Iberian and any friendly democratic countries or from the United Kingdom shall not produce loss or forfeiture of his Philippine citizenship if the law Of that country grants the same privilege to its citizens and such had been agreed upon by treaty between the Philippines and the foreign country from which citizenship is acquired.

Keep in mind this was written in 1936. I have no idea what agreements the US has with The Philippines. We need more and current information about the process. It may be that the Filipino does not lose his citizenship when he becomes a US citizen.

VII. For Dual Citizenship

PROOF OF PHILIPPINE CITIZENSHIP

Only the following shall be considered as substantial proof of Philippine citizenship:

1. Genuine and valid Philippine passport; and

2. Original Identification Certificate issued by this Bureau.

ARRIVAL AND STAY

1. Filipinos with dual or multiple citizenship shall present, upon arrival in any port of entry in the Philippines, either a Philippine or foreign passport.

2. Filipinos with dual or multiple citizenship, who represents a foreign passport, may be admitted for an indefinite period of stay, being a Filipino, provided, he/she possesses and shows a genuine and valid Philippine passport and/or Identification Certificate. In the foreign passport, the immigration officer shall put either of the following notation on the provision for the authorized stay in the arrival stamp:

L“IC” – if an Identification Certificate is presented.

DEPARTURE

Filipinos with dual or multiple citizenship, who presented a foreign passport at the time of their admission into the Philippines may be cleared for departure without need of surrendering a certificate, permit or proof of payment of imposable immigration fees, provided, he/she also shows a genuine and valid passport and/or Identification Certificate. However, if the Filipino does not have a Philippine passport, an Emigration Clearance Certificate (ECC) fee of P710.00 shall be charged for using a foreign passport upon departure.

In the arrival, stay and departure of Filipinos with dual or multiple citizenship, where the Filipino presents a Philippine passport and a foreign passport, the arrival or departure stamp shall be stamped on both passports. In the foreign passport, the immigration officer shall put either of the following notations on the provision for the authorized stay in the arrival or departure stamp:

“PP”- if a Philippine passport is also presented, or

“IC” – if an Identification Certificate is presented.

(MEMORANDUM ORDER NO. AFFJr. – 04 – 025 dated 14 December 2004).

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=80