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Filed: K-1 Visa Country: Philippines
Timeline
Posted

I am asking in behalf of my aunt. Her son, 18 is a US citizen, born in New York. Both parents are Filipino. They went back to the Philippines when he was 1 month old. Stayed in the Philippines and have not left the country since then. My aunt said there was a law that time that states his passport is okay even if it expires and it's okay not to renew every now and then. I am not sure though which law was that. Now the problem is when they went to file for passport renewal now that he is 18, the people at the US Embassy in Manila computed the penalty amounting to 400+ thousand pesos already. They say it is because of overstaying. She wants me to ask for your advice on what is best to do. They gave her a checklist of the documents she needed to comply and she said she collected them already, except the 400+ thousand pesos.

We are still searching for other means to settle the case, if there is any. At this point, we do not think the amount could be raised. Your comments and suggestions is highly appreciated. Thank you in advance for all the answers.

I-129F Sent : 2014-02-05
I-129F NOA1: 2014-02-11

I-129F NOA2: 2014-04-10

MCN Assigned: 2014-04-25

Consulate Received: 2014-05-14

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Filed: K-1 Visa Country: Wales
Timeline
Posted

Isn't the son also a Philippine Citizen?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Philippines
Timeline
Posted

His passport states he is a US citizen, his report of live birth also states he is a US citizen. I think he acquired this because he was born in the US.

I-129F Sent : 2014-02-05
I-129F NOA1: 2014-02-11

I-129F NOA2: 2014-04-10

MCN Assigned: 2014-04-25

Consulate Received: 2014-05-14

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Filed: K-1 Visa Country: Wales
Timeline
Posted

You said he owes all this money because he overstayed. If he is also a Philippine citizen then he can not overstay in his own country.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Wales
Timeline
Posted

Wonder why the US Consulate is interested?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Philippines
Timeline
Posted

My aunt said her son is recognized as a Filipino, but in the embassy, they consider him a US citizen. They are applying for a US passport renewal. He could not file for a Philippine passport either because he is not a Filipino citizen but his birth certificate states he is an American.

I-129F Sent : 2014-02-05
I-129F NOA1: 2014-02-11

I-129F NOA2: 2014-04-10

MCN Assigned: 2014-04-25

Consulate Received: 2014-05-14

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Filed: K-1 Visa Country: Wales
Timeline
Posted (edited)

My aunt said her son is recognized as a Filipino, but in the embassy, they consider him a US citizen. They are applying for a US passport renewal. He could not file for a Philippine passport either because he is not a Filipino citizen but his birth certificate states he is an American.

US will only recognize hims as a US Citizen.

I do not know Philippine law but I am surprised he would not also be a Philippine Citizen.

His birth certificate states he was born in the US, which due to unusual US law usually means he is also a US Citizen.

Are they asking you for money?

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Yes. According to my aunt, the people from the embassy told her to pay for the penalty for her son's overstaying. She said they computed it in the amount of 400+ thousand Philippine peso. There is no way she can have that big amount.

They told her that if she is able to pay the penalty, they can process the renewal of his US passport. We are searching for other means to resolve this other than paying.

I-129F Sent : 2014-02-05
I-129F NOA1: 2014-02-11

I-129F NOA2: 2014-04-10

MCN Assigned: 2014-04-25

Consulate Received: 2014-05-14

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Filed: K-1 Visa Country: Wales
Timeline
Posted

You are being scammed, the US Consulate would have no interest in collecting such a penalty, something the Philippines Government would levy. And the Consulate would be familiar dealing with dual citizens.

http://www.chicagopcg.com/dual-faq.html#dual2

Have a read.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Philippines
Timeline
Posted

You are being scammed, the US Consulate would have no interest in collecting such a penalty, something the Philippines Government would levy. And the Consulate would be familiar dealing with dual citizens.

http://www.chicagopcg.com/dual-faq.html#dual2

Have a read.

Thank you for this. I will tell this to my aunt.

We feel that we are being scammed too that is why we are asking around for advice. We have not sought the opinion of lawyers as they tend to take advantage of people in dire situations as well.

I-129F Sent : 2014-02-05
I-129F NOA1: 2014-02-11

I-129F NOA2: 2014-04-10

MCN Assigned: 2014-04-25

Consulate Received: 2014-05-14

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

Yes. According to my aunt, the people from the embassy told her to pay for the penalty for her son's overstaying. She said they computed it in the amount of 400+ thousand Philippine peso. There is no way she can have that big amount.

They told her that if she is able to pay the penalty, they can process the renewal of his US passport. We are searching for other means to resolve this other than paying.

US Consulate would not assess any penalty for a USCitizen in a foreign country.

So he's in the PI, came in on a USA Passport, it expired, and now he's trying to get a new one or renewal. He should make an appointment with the American Citizens Services Office at the Consulate in Manila, ask to speak with a Vice-Consul (not a PI employee) and handle the matter with the Vice-Consul.

And do get the names of the PI Employees asking for the bribe, give over to the Vice-Consul there....

GO GET EM, and GOOD LUCK !

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Filed: K-1 Visa Country: Wales
Timeline
Posted

I assumed it was the Aunt, you think it was the Consulate?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Country: Philippines
Timeline
Posted

The U.S. government does not assess U.S. citizens any penalty for a passport renewal and the U.S. government does not assess/collect penalties for overstaying in a foreign country.

Something smells fishy here.

"The Marines I have seen around the world have the cleanest bodies, the filthiest minds, the highest morale, and the lowest morals of any group of animals I have ever seen. Thank God for the United States Marine Corps!" - Eleanor Roosevelt, First Lady of the United States, 1945.

"Retreat hell! We just got here!"

CAPT. LLOYD WILLIAMS, USMC

Filed: K-1 Visa Country: Philippines
Timeline
Posted

My aunt was given a checklist of the documents she needed to bring. They said the amount of 400+ thousand pesos is the penalty for overstaying. He came in with a US passport. His birth is reported to the Philippine National Statistics Office and he was grant a recognition of being a Filipino. I just talked to my aunt and she said they are told my cousin could now apply for a Philippine Passport. The only problem now is the renewal of his US passport.

From your comments above, you said the US will not penalize him for overstaying. So I understand that he can renew is US passport without paying the 'penalty' they are imposing. I will tell her about this.

I-129F Sent : 2014-02-05
I-129F NOA1: 2014-02-11

I-129F NOA2: 2014-04-10

MCN Assigned: 2014-04-25

Consulate Received: 2014-05-14

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Filed: K-1 Visa Country: Wales
Timeline
Posted

I will tell her about this.

That should be an interesting conversation, do let us know what she says.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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