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Dual Citizenship

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So my daughter is a dual citizen. The report of birth filed with the embassy in Washington, D.C. and was officially transmitted on December 31, 2017 with the PSA. I had an immigration officer tell me that my daughter is not considered a dual citizen until she has her Philippine passport in hand, which I find quite dumb if true. It was my interpretation of Article IV of the Philippine constitution that my daughter is automatically a citizen because she was born to a Filipina citizen who never relinquished her citizenship. The officer stated I needed to get her the ACR and the visa ext. But I find what he is stating to be inaccurate since my daughters report of birth is in the system and she is a dual citizen. So is the immigration officer correct or is the constitution correct (filed via report of birth)? Do I need to extend her visa while waiting for the arrival of the PSA copy (her visa runs out on Feb. 9, the PSA copy comes on Feb. 7), or can I officially wait and get her Philippine passport? 

Edited by coa24

Romans 8:28 - And we know that all things work together for the good of those who love God: those who are called according to His purpose.
Hebrews 11:6 - And without faith it is impossible to please Him, for he who comes to God must believe that He is and that He is a rewarder of those who seek Him.

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4 hours ago, coa24 said:

So my daughter is a dual citizen. The report of birth filed with the embassy in Washington, D.C. and was officially transmitted on December 31, 2017 with the PSA. I had an immigration officer tell me that my daughter is not considered a dual citizen until she has her Philippine passport in hand, which I find quite dumb if true. It was my interpretation of Article IV of the Philippine constitution that my daughter is automatically a citizen because she was born to a Filipina citizen who never relinquished her citizenship. The officer stated I needed to get her the ACR and the visa ext. But I find what he is stating to be inaccurate since my daughters report of birth is in the system and she is a dual citizen. So is the immigration officer correct or is the constitution correct (filed via report of birth)? Do I need to extend her visa while waiting for the arrival of the PSA copy (her visa runs out on Feb. 9, the PSA copy comes on Feb. 7), or can I officially wait and get her Philippine passport? 

If your asawa has done the paperwork and turned it in the consulate to affirm of birth abroad then you should be fine. We have the paperwork for our children as well. We will not get them actual passports until later.

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Filed: Lift. Cond. (apr) Country: China
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***Derailing posts removed, either answers the OP's questions or do not post.  Administrative Action will be taken for any future instances of thread derailing.***

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: AOS (apr) Country: Philippines
Timeline
7 hours ago, coa24 said:

So my daughter is a dual citizen. The report of birth filed with the embassy in Washington, D.C. and was officially transmitted on December 31, 2017 with the PSA. I had an immigration officer tell me that my daughter is not considered a dual citizen until she has her Philippine passport in hand, which I find quite dumb if true. It was my interpretation of Article IV of the Philippine constitution that my daughter is automatically a citizen because she was born to a Filipina citizen who never relinquished her citizenship. The officer stated I needed to get her the ACR and the visa ext. But I find what he is stating to be inaccurate since my daughters report of birth is in the system and she is a dual citizen. So is the immigration officer correct or is the constitution correct (filed via report of birth)? Do I need to extend her visa while waiting for the arrival of the PSA copy (her visa runs out on Feb. 9, the PSA copy comes on Feb. 7), or can I officially wait and get her Philippine passport? 

Did she enter the PI as a US Citizen on a US passport?

YMMV

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Filed: Other Country: Philippines
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9 hours ago, coa24 said:

So my daughter is a dual citizen. The report of birth filed with the embassy in Washington, D.C. and was officially transmitted on December 31, 2017 with the PSA. I had an immigration officer tell me that my daughter is not considered a dual citizen until she has her Philippine passport in hand, which I find quite dumb if true. It was my interpretation of Article IV of the Philippine constitution that my daughter is automatically a citizen because she was born to a Filipina citizen who never relinquished her citizenship. The officer stated I needed to get her the ACR and the visa ext. But I find what he is stating to be inaccurate since my daughters report of birth is in the system and she is a dual citizen. So is the immigration officer correct or is the constitution correct (filed via report of birth)? Do I need to extend her visa while waiting for the arrival of the PSA copy (her visa runs out on Feb. 9, the PSA copy comes on Feb. 7), or can I officially wait and get her Philippine passport? 

Your daughter is a DUAL citizen, and you can acquire the PSA document showing this   BUT .. it is of no value for entering or exiting the Philippines as a citizen.. for that you do need the Philippine passport.   

 

Your daughter entered the Philippines using her U.S. passport, for all intents and purposes she is a U.S. citizen in the Philippines.   Acquiring the Philippine passport will cure your ills .. sort of.. until she enters the Philippines using her Philippine passport she is still a U.S. citizen .   But with the PSA document showing dual citizenship she (and you) should be able to avail the BB stamp at entry.     

 

I know nothing I said helped .. you still need to get her Philippine passport or renew her visa and get an ACR card for you both.

 

 ~  How are you doing?   This is a tough time for you I know... I do keep you in my thoughts.

Hank

"Chance Favors The Prepared Mind"

 

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“LET’S GO BRANDON!”

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Thanks, yes she came in on a US passport. So I am wondering if I should really do the ACR and extension even though as soon as I get the ROB on Feb. 7 I will file quickly for the Philippine passport. Her visa ends Feb. 9. It does answer the questions better ;).

Romans 8:28 - And we know that all things work together for the good of those who love God: those who are called according to His purpose.
Hebrews 11:6 - And without faith it is impossible to please Him, for he who comes to God must believe that He is and that He is a rewarder of those who seek Him.

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Filed: Other Country: Philippines
Timeline
8 hours ago, coa24 said:

Thanks, yes she came in on a US passport. So I am wondering if I should really do the ACR and extension even though as soon as I get the ROB on Feb. 7 I will file quickly for the Philippine passport. Her visa ends Feb. 9. It does answer the questions better ;).

Luckily for you, an appointment isn't needed at DFA because of the child's age.      (Fixers have destroyed the appointment system)

 

You went to PSA and requested her birth certificate or did you do complete the request online?

 

After the DFA appointment it is only a week or two before the passport arrives, then all that ACR and visa renewal is moot.

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

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8 hours ago, Hank_ said:

Luckily for you, an appointment isn't needed at DFA because of the child's age.      (Fixers have destroyed the appointment system)

 

You went to PSA and requested her birth certificate or did you do complete the request online?

 

After the DFA appointment it is only a week or two before the passport arrives, then all that ACR and visa renewal is moot.

I went to the PSA and paid for the ROB, I had to call the consulate first to get the information to request. So the ROB will be released on Feb. 7-when I am able to pick up. I also will be order extra copies online, because the lady at PSA stated they were only allowed to release one copy and the rest had to be ordered online.

Romans 8:28 - And we know that all things work together for the good of those who love God: those who are called according to His purpose.
Hebrews 11:6 - And without faith it is impossible to please Him, for he who comes to God must believe that He is and that He is a rewarder of those who seek Him.

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Filed: Other Country: Philippines
Timeline
21 minutes ago, coa24 said:

I went to the PSA and paid for the ROB, I had to call the consulate first to get the information to request. So the ROB will be released on Feb. 7-when I am able to pick up. I also will be order extra copies online, because the lady at PSA stated they were only allowed to release one copy and the rest had to be ordered online.

Ah you didn't have the file/book/record numbers.   I luckily had that info when we requested copies of our ROM, went to PSA over by MOA got the documents in about an hour.    ... welcome to the Philippines.

 

Now that is crazy that they were only able to release one copy.

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

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