US Visa renewal problem because of 400+ thousand pesos penalty

[uscparent 4]

Here's another useful info from the US Embassy Manila website

Allegiance to which country?

It is generally considered that while dual nationals are in the country of which they are citizens that country has a predominant claim on their allegiance. As with Americans who possess only U.S. citizenship, dual national U.S. citizens owe allegiance to the United States and are obliged to obey its laws and regulations. Such persons usually have certain obligations to the other country as well. Although failure to fulfill such obligations may have no adverse effect on dual nationals while in the United States because the other country would have few means to force compliance under those circumstances, dual nationals might be forced to comply with those obligations or pay a penalty if they go to the country of their other citizenship. In cases where dual nationals encounter difficulty in a foreign country of which they are citizens, the ability of U.S. Consular Officers to provide assistance may be quite limited since many foreign countries may not recognize a dual national's claim to U.S. citizenship.

[MattandRaniela 0]

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.

Both parents are Filipino Citizens. My aunt was a single mother then. She was sent by parents abroad to give birth. She entered the US using a tourist visa, lived with her brother who was a US citizen. The biological father died just a few years ago. I think 2009.

I was told they failed to report my cousin's birth to the NSO. Anyway, they have already settled that part and they already secured a recognition of him being a Filipino.

My aunt said when my cousin went to apply for US passport renewal, they told him he will be paying 400+ thousand pesos of penalty for overstaying. She said my cousin was very pale that time when he heard that amount.

[Boiler 45,584]

Have you spoken with your Cousin?

[uscparent 4]

So question for you guys, since he has dual citizenship, he can also apply for a Philippine passport. Let's say he doesn't renew his US passport because let's say he doesnt wanna pay the penalty. If he only has his Philippine passport to use to travel back to US, would that mean he'll need a US visa?

[Boiler 45,584]

US requires US Citizens to enter the US with US passports.

[MattandRaniela 0]

Have you spoken with your Cousin?

Not yet. He is on OJT. I plan to talk to him in person when he comes back.

The original post was my aunt's concern that she relayed to me in our casual conversation when she heard I will have my US Embassy interview this coming June 3 for our I-129F petition. She asked me if there could be a way I could speak with American consul or inquire about other possible ways this could be resolved. I thought it could be a little impossible so I decided to ask here on Visa Journey instead.

It is a huge sum of money and of course I would want to help in any way that I could though not monetary as I do not have that amount. I am thankful for the answers from the comments given especially on the link about Atty. Katrina Legarda's advice to someone who had the same situation.

I would have to confirm if it is Consulate or the Immigration. It could be a miscommunication or could be that I misunderstood. I apologize for the mistake if any.

[Darnell 8,478]

Is there any pointed reason

that your cousin

is not setting up an appointment

with 'American Citizen Services'

at the US Embassy/Manila ?

and if yes, what is it ?

[MattandRaniela 0]

We really have no idea about this, that is why I sought the help of people from Visa Journey. From what I have heard from my aunt, it was my cousin who went to apply for US passport. He was told he is being fined a total of 400+ thousand Philippine pesos for overstaying. They were given a checklist of things that needs to be done, one of which is reporting the birth to the Philippine National Statistics Office. I believe that is where my aunt is at fault, for failing to register him here in the Philippines. Anyway, my cousin has been granted of a recognition of being a Filipino already. He can now file for a Philippine Passport but could not apply for a renewal of the US passport unless he pays the penalty of 'overstaying'.

I contacted my aunt and told her the information I have acquired from here, from your comments and suggestions. She said my cousin will schedule an appointment in July. I believe that is the time when he finishes his on-the-job training. We are hoping his case could be resolved without paying that exaggerated amount of penalty since my aunt said all the documentations they required are all collected and ready to be submitted.

Thank you for all who gave their comments.

[Avery Cates 1,141]

Someone's looking for a personal payout for a large amount.

Not sure who.

[Boiler 45,584]

And we will probably never know.

[whimper 8]

I know from our experience with our nieces and nephews who also had to pay for many years of "overstaying". They were advised to get a Philippine passport and that solved the penalty problem. So the kids have both US and Philippine passports. If they can get the Philippine passport it will work out without paying anything.

[Jon and Krissy 452]

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.

Someone is B.S.ing you or conflating things.

1) The U.S. embassy will collect nothing on behalf of the Philippines government. You can renew the U.S. passport.

2) Here's what I think is happening. Someone told the aunt that in order to leave the country with only a U.S. passport, the cousin would have to pay the Philiipines' overstay fee, since if he were only an American, and not a dual citizen, he would have to pay the overstay, which would be a huge price for all those years. This is most likely true: my son was born in the Philippines, and we were told he needed to have both passports, or he would be charged for overstaying from the day he was born. Of course, having the Philippines passport was the most expedient and perhaps only viable method of proving his Filipino citizenship as we left the country.

Basically, your cousin needs to get his Philippines passport as well as his U.S. Passport, then there will be no issues.

[Jon and Krissy 452]

So question for you guys, since he has dual citizenship, he can also apply for a Philippine passport. Let's say he doesn't renew his US passport because let's say he doesnt wanna pay the penalty. If he only has his Philippine passport to use to travel back to US, would that mean he'll need a US visa?

There. Is. No. Penalty. The U.S. doesn't charge money for overstaying in the Philippines. By having both passports, there will be no penalty. He needs a U.S. passport to travel to the U.S. He isn't going to be getting a tourist visa from using his Philippines passport. Come on, why would you even go there?

He can now file for a Philippine Passport but could not apply for a renewal of the US passport unless he pays the penalty of 'overstaying'.

Umm...nonsense.

[Darnell 8,478]

OK - I think I am finally getting this....

The penalty fee might be something payable to the PI gov - is not set up by the USA gov at all.

Should be dead easy to get the USA passport renewed but then what?

To EXIT the PI using that passport there is an overstay fee collected by the PI gov somewhere somehow.... I would seek the path of obtaining an 'exit stamp' in the USA passport and if it's less than 200 usd... go for it...

otherwise - it SEEMS that it's more cost effective to get a PI passport and renew the USA passport - as a PI national would not be charged the overstay penalty by the PI gov....

OP - if the aunt has a checklist from some entity - which entity is on the masthead/letterhead?

[MIDUVIL 34]

OK - I think I am finally getting this....

The penalty fee might be something payable to the PI gov - is not set up by the USA gov at all.

Should be dead easy to get the USA passport renewed but then what?

To EXIT the PI using that passport there is an overstay fee collected by the PI gov somewhere somehow.... I would seek the path of obtaining an 'exit stamp' in the USA passport and if it's less than 200 usd... go for it...

otherwise - it SEEMS that it's more cost effective to get a PI passport and renew the USA passport - as a PI national would not be charged the overstay penalty by the PI gov....

OP - if the aunt has a checklist from some entity - which entity is on the masthead/letterhead?

Yyyeeeaaahhh, it's the only way to know the truth. The entity on the letterhead. Chapeau Sherlock!

(where are the twins?)