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Filed: AOS (pnd) Country: Philippines
Timeline
Posted

I am a US citizen by birth. My parents were both born in the Philippines. My parents arrived in the US in the early 70s and became US citizens about a year before I was born so they could sponsor their parents and siblings, which I guess means they gave up their Philippine citizenship? Then in 2003 i guess the Philippine government says you can't lose your Philippines citizenship due to naturalization in a foreign country and gives them the opportunity to re-acquire it. My parents have not applied for dual citizenship but will do so eventually.

My question is assuming they get their Philippine citizenship back because they never should have lost it in the first place and knowing that any child born to a Philippine mother makes them a Philippine citizen, does that make me qualified to apply for dual citizenship as well? If no, can I do anything?

I guess the reason why I'm asking this is because of

1) Almost all of my fiancee's family and some of my family live in the Philippines and so I may have extended stays over there.

2) Eventually I'd like to purchase land and/or property with my fiancee so we wouldn't have to rely on staying with her family or my family when we visit.

Sent I-129F 02/18/12

Received 02/21/12

NOA1 - 02/23/12 (Sent to CSC)

NOA2 - 07/10/12

Called and received MNL Case # - 07/23/12

Medical 8/22/12-8/23/12 Everything is all good.

Interview 8/28/12 Approved

Received Visa XX/XX/XX

CFO XX/XX/XX

Posted

Yes, you can apply for dual citizenship. As the previous posted stated, you will need to contact the Phil. consulate that serves your area to learn the process. In addition, your US passport should indicate that you a filipino/a and this will allow you extended stays in the Phil. just using your US passport.

sid

Posted

My husband applied for a "Report of Birth, Child Born Abroad Of Philippine Parent/Parents" at NSO. That's how he got his Philippine passport.

My understanding is that you DO lose Philippine citizenship when you naturalize, and yes you can re-acquire it, but you aren't considered a Philippine citizen until then.

Any provision of law to the contrary notwithstanding, 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 following oath of allegiance to the Republic:

To be a dual citizen by birth, I think your parents MUST HAVE BEEN Philippine citizens at that time:

However, there is another kind of dual citizenship, which is not covered by the law. This pertains to a dual citizen by birth: A child born in the United States when either parent was still a Filipino citizen is considered to be a dual citizen from birth (if born on or after January 17, 1973).

There's another clause saying that you can be included in your parents' application for reacquisition of citizenship, but it specifies that the child must be UNDER 18.

USCIS

10/01/11 - Filed (2) I-130's

10/04/11 - NOA-1

04/05/12 - NOA-2

Your I-130 was approved in 184 days from your NOA1 date.

NVC

04/23/12 - NVC received both cases (18 days/12 business days from NOA-2)

05/07/12 - Case numbers and IIN's (14 days/10 business days since NVC received)

05/07/12 - Sent out DS-3032 by email; auto-response received

05/08/12 - AOS fee invoiced, paid - "IN PROCESS"

05/09/12 - AOS fee shows as "PAID"

05/10/12 - Spouse's DS-3032 accepted; minor child's rejected = had petitioner call NVC = received verbal acceptance from operator

05/11/12 - Spouse's IV fee invoiced

05/14/12 - Daughter's IV fee invoiced, paid both IV fees - "IN PROCESS"

05/15/12 - Both IV fees show as "PAID"

05/16/12 - Sent both AOS and both IV packages to NVC via USPS (expected delivery: 05/19/12)

05/21/12 - All 4 packages delivered

05/30/12 - Received checklist for daughter's AOS

05/31/12 - Sent response to checklist via USPS (expected delivery: 06/01/12); Spouse's case completed

06/07/12 - Daughter's case completed; waiting for interview date

06/14/12 - P4 received: interview date 07/11/12

Embassy

07/04-05/12 - Medical at SLEC

07/11/12 - Interview: APPROVED!

07/14/12 - Visas on hand

POE: 10/17/12

GC's on hand: 10/31/12

Filed: AOS (pnd) Country: Philippines
Timeline
Posted

My husband applied for a "Report of Birth, Child Born Abroad Of Philippine Parent/Parents" at NSO. That's how he got his Philippine passport.

My understanding is that you DO lose Philippine citizenship when you naturalize, and yes you can re-acquire it, but you aren't considered a Philippine citizen until then.

To be a dual citizen by birth, I think your parents MUST HAVE BEEN Philippine citizens at that time:

There's another clause saying that you can be included in your parents' application for reacquisition of citizenship, but it specifies that the child must be UNDER 18.

Ya I was reading that and i feel like I'm SOL because my parents became US citizens through naturalization prior to my birth, but I was hoping there was a way of qualifying for dual citizenship by showing the Philippine consulate my birth certificate as it shows my parents place of birth as the Philippines.

It sucks to be penalized because i was 24 by the time the 2003 law passed (born in 1979)and my parents wouldn't have naturalized so quickly in 1978 if it didn't benefit their parents and siblings (you can't bring family over unless you are a US citizen) so I'm asking VJ to confirm if I read the dual citizenship correctly and if I qualified for dual citizenship under a loophole I'm not seeing.

Sent I-129F 02/18/12

Received 02/21/12

NOA1 - 02/23/12 (Sent to CSC)

NOA2 - 07/10/12

Called and received MNL Case # - 07/23/12

Medical 8/22/12-8/23/12 Everything is all good.

Interview 8/28/12 Approved

Received Visa XX/XX/XX

CFO XX/XX/XX

Filed: IR-5 Country: Philippines
Timeline
Posted (edited)

I am a US citizen by birth. My parents were both born in the Philippines. My parents arrived in the US in the early 70s and became US citizens about a year before I was born so they could sponsor their parents and siblings, which I guess means they gave up their Philippine citizenship? Then in 2003 i guess the Philippine government says you can't lose your Philippines citizenship due to naturalization in a foreign country and gives them the opportunity to re-acquire it. My parents have not applied for dual citizenship but will do so eventually.

My question is assuming they get their Philippine citizenship back because they never should have lost it in the first place and knowing that any child born to a Philippine mother makes them a Philippine citizen, does that make me qualified to apply for dual citizenship as well? If no, can I do anything?

I guess the reason why I'm asking this is because of

1) Almost all of my fiancee's family and some of my family live in the Philippines and so I may have extended stays over there.

2) Eventually I'd like to purchase land and/or property with my fiancee so we wouldn't have to rely on staying with her family or my family when we visit.

You can avail of the Balikbayan Visa Privilege when you & your Filipina wife visits Philippines together. No visa will be required for a maximum stay of one (1) year. Philippine citizens, former Philippine citizens (who have become Naturalized US citizens), foreign spouses and foreign minor unmarried children of Philippine Citizens can avail of this.

The former Philippine citizen shall declare before a Philippine Immigration Officer at the port of entry that he/she is availing of the balikbayan privilege and shall present his/her valid passport in addition to any of the following documents

1. cancelled Philippine passport

2. birth certificate;

3. naturalization papers to show former Philippine citizenship; or

4. certification from the adopted country.

The accompanying foreign spouse and foreign minor unmarried children of Filipinos and former Filipino citizens shall declare before a Philippine Immigration Officer at the port of entry that he/she is accompanied by a Filipino or former Filipino spouse or parent and that he/she is availing of the balikbayan privilege, and shall present his/her valid passport in addition to the following:

1. Foreign spouse: Valid passport and Marriage certificate

2. Foreign Minor unmarried children: Birth certificate

3. Adopted children: Adoption papers

http://immigration.g...d=239&Itemid=80

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").

Edited by let-it-be
Posted

I am a US citizen by birth. My parents were both born in the Philippines. My parents arrived in the US in the early 70s and became US citizens about a year before I was born so they could sponsor their parents and siblings, which I guess means they gave up their Philippine citizenship? Then in 2003 i guess the Philippine government says you can't lose your Philippines citizenship due to naturalization in a foreign country and gives them the opportunity to re-acquire it. My parents have not applied for dual citizenship but will do so eventually.

My question is assuming they get their Philippine citizenship back because they never should have lost it in the first place and knowing that any child born to a Philippine mother makes them a Philippine citizen, does that make me qualified to apply for dual citizenship as well? If no, can I do anything?

I guess the reason why I'm asking this is because of

1) Almost all of my fiancee's family and some of my family live in the Philippines and so I may have extended stays over there.

2) Eventually I'd like to purchase land and/or property with my fiancee so we wouldn't have to rely on staying with her family or my family when we visit.

This might help to answer your question :)

DUAL CITIZENSHIP

Republic Act 9225 otherwise known as the Citizenship Retention and Reacquisition Act of 2003 (more popularly known as the Dual Citizenship Law) enables former natural-born Filipinos who have become naturalized citizens of another country to reacquire/retain their Philippine citizenship by taking an oath of allegiance to the Republic of the Philippines before a Philippine Consular Officer. Upon reacquiring their Philippine citizenship, they shall enjoy full civil, economic and political rights as Filipinos.

Under the principle of derivative citizenship, unmarried children below eighteen (18) years of age, whether legitimate, illegitimate, or adopted, of former Filipino parents who reacquired their Philippine citizenship under this law, may also be deemed Filipino citizens, if they are included in the parent’s application for reacquisition of Philippine citizenship.

However, there is another kind of dual citizenship, which is not covered by the law. This pertains to a dual citizen by birth: A child born in the United States when either parent was still a Filipino citizen is considered to be a dual citizen from birth (if born on or after January 17, 1973).

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Aug 3, 2006 Sent I-129f in to CSC

Aug 15, 2006 Sent in updated I-129f

Aug 23, 2006 NOA1

Aug 25, 2006 They cashed my check

Aug 30, 2006 NOA1 received in mail

Dec 2, 2006 NOA2 recieved in mail

Dec 12, 2006 I receive that letter from NVC

Mar 22, 2007 St. Lukes appointment

Mar 29, 2007 7:30am Interview

Mar 29, 2007 12pm APPROVED!!! PRAISE GOD!!!

April 10, 2007 Fiancee Arrived!!! WOO HOO!!!

June 26, 2007 Wedding

July 2, 2007 Medical for AOS

July 6, 2007 Sent in AOS (cutting it really close to the 90 days!)

July 8, 2007 USCIS receives i-485

July 16, 2007 NOA1

July 18, 2007 NOA biometrics

Aug 11, 2007 Biometrics appointment.

Oct 11, 2007 Interview

Oct 11, 2007 Green card Approved!!! You cant kick me out now Baby!

Oct 18, 2007 Welcome letter saying Green card is on its way

Oct 22, 2007 2 year Green card arrived!!

TIMELINE-I-751-Oct 11, 2009 GC Expiration

July 8, 2009- Sent 1-751 in to CSC

July 15, 2009- CSC sent back my papers saying its too early for 90 days expiration

July 16, 2009- Resend my papers 85 days before GC expired

July 18, 2009- Arrived at CSC-10:53 am

July 22, 2009- Cashed Check

July 27, 2009- NOA 1 recieved

July 31, 2009- Biometric Notice Recieved

Aug 18, 2009- Biometric Schedule

Sep 03, 2009- Card Production ordered

Sep 09, 2009-Approval letter recieved in the mail

Sep 12, 2009- 10 Year GC recieved

 
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