US Visa renewal problem because of 400+ thousand pesos penalty

[Darnell 8,478]

I suggest no further conversation with the Aunt.

Talk with the boy, only, give him specific instructions (that mirror what I wrote, only)

then

report back, when able.

[Leatherneck 693]

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.

That 400+ thousand pesos is more than $9,000.00, that is very odd that USEM is assessing a fee for overstaying. Americans can not overstay outside of the U.S., the government couldn't careless if citizens didn't return stateside -- as long as they file and pay income taxes.

Have never heard of USEM assessing and collecting fees for overstaying on behalf of the Philippine government.

[MattandRaniela 0]

Thank you for all the advice.

[Boiler 45,584]

Nice earner for the Aunt.

[MattandRaniela 0]

May I just say, my aunt is worrying so much. She is a single mother and she has not asked us or any relatives for any monetary help. She is just asking my help to ask if there is any other way this could be resolved without having to pay for that large sum of money. I am getting an impression that it is implied she is making it up. I am just clarifying.

[Boiler 45,584]

Somebody is making it up.

[uscparent 4]

The son is not automatically considered a filipino citizen unless he actually applied for a dual citizenship. My wife had a almost similar situation. She was born in Clark Air Base as a US Citizen, left Philippines in 1990, went back 1992, and when she was leaving for the States in 1997, she had to pay 15kphp at the Philippine DOJ Bureau of Immigration, not at the consulate.

[singpinas 0]

Hi! Please check this out. This is not from the forum but it will help... http://www.abs-cbnnews.com/views-and-analysis/05/05/09/born-usa-katrina-legarda ..

[MattandRaniela 0]

The son is not automatically considered a filipino citizen unless he actually applied for a dual citizenship. My wife had a almost similar situation. She was born in Clark Air Base as a US Citizen, left Philippines in 1990, went back 1992, and when she was leaving for the States in 1997, she had to pay 15kphp at the Philippine DOJ Bureau of Immigration, not at the consulate.

If during that time, that is a big sum of money. I will have to ask my aunt if it is really the Embassy or the Immigration that is charging them the penalty.

[belinda63 3,038]

Sounds like he has dual citizenship. No way the US would ever try to collect for him overstaying in the Philippines. The US doesn't give a care about where you live or how long you lived there so long as you pay your US taxes. I scream scam the whole way.

[POA 178]

Make sure your aunt is not using a "fixer".. Here is another post from the PH Embassy in the US http://www.philippineembassy-usa.org/philippines-dc/consular-services-dc/faq-dc/#dual

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).

[MattandRaniela 0]

Hi! Please check this out. This is not from the forum but it will help... http://www.abs-cbnnews.com/views-and-analysis/05/05/09/born-usa-katrina-legarda ..

They have the same situation. Thank you for sending me that link.

I think it has been a miscommunication. Might really be the Immigration and not the Embassy imposing the penalty.

[belinda63 3,038]

So the child is a dual citizen and has not overstayed anywhere. Scam. Have her deal directly with an American at the consulate.

[uscparent 4]

Were his parents still Filipino Citizen when he was born? If they were, then yeah according to the Philippine Embassy website, he'd have automatic dual citizen. However, if they were already us citizens at the time he was born, they would've had to apply for their reacquisition of Philippine citizenship and had to have added him on their application.

[POA 178]

Another thing, tell your aunt to be careful. I hate to say this but there are too many people that will try rip her off once the y hear or see the magic word "US" they will automatically see $$$. That was my problem whenever my husband visits. Or maybe the person she talked to was not familiar with that law.

Edited May 24, 2014 by POA