Author Topic: My son is born of a Filipino Citizen, at 18 can he choose to be a Filipino  (Read 12032 times)

Offline RUFUS

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Re: My son is born of a Filipino Citizen, at 18 can he choose to be a Filipino
« Reply #30 on: January 23, 2010, 09:13:48 AM »
I just read through the whole section and if ya\'ll read it carefully... it states that one CAN acquire dual citizenship.


Please read and pay attention to the
ADMINISTRATIVE STANDARD OF EVIDENCE
and
DISPOSITION OF CASES WHEN ADMINISTRATIVE PREMISE IS APPLICABLE
sections... all will be answered

http://travel.state.gov/law/citizenship/citizenship_778.html
SO SAYETH THE RUFUS

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Re: My son is born of a Filipino Citizen, at 18 can he choose to be a Filipino
« Reply #31 on: January 23, 2010, 09:18:45 AM »
Thank you Rufus, not I feel much more comfortable about spending all the money on Rosetta Stone and the 8-13 years it\'s gonna take to earn dual citizenship. :) that\'s gonna be a long time.† my kids got it easy

Offline bigrod

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Re: My son is born of a Filipino Citizen, at 18 can he choose to be a Filipino
« Reply #32 on: January 23, 2010, 09:22:03 AM »
JC

As long as you have property in US you will be responsible for property. local, state taxes etc. †And of course federal income tax. Where you claim as your home of record is up to but i would choose a state that does not have state taxes.

Chuck
Life is  to short not to live it right the first time

Offline RUFUS

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Re: My son is born of a Filipino Citizen, at 18 can he choose to be a Filipino
« Reply #33 on: January 23, 2010, 09:23:09 AM »
My brain hurts...
Painkillers and thinking are not compatable †:o :o :o
i need to go get some beer...lol
SO SAYETH THE RUFUS

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Re: My son is born of a Filipino Citizen, at 18 can he choose to be a Filipino
« Reply #34 on: January 23, 2010, 09:27:29 AM »
Thanks Chuck, might have to buy some property down my my dad\'s Florida Lot.† Rufus, a beer is on me when I reach the Phils.† Feel free to stop thinking man, early death is not good.† Thank you much man.

Offline bigrod

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Re: My son is born of a Filipino Citizen, at 18 can he choose to be a Filipino
« Reply #35 on: January 23, 2010, 09:34:06 AM »
Don\'t have to buy you may be able to use his address. Such as having your mail delivered there.

Chuck
Life is  to short not to live it right the first time

Offline tom.inbigdtexas

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Re: My son is born of a Filipino Citizen, at 18 can he choose to be a Filipino
« Reply #36 on: January 23, 2010, 09:50:19 AM »
DISCLAIMER - I am NOT an immigration attorney.† I do NOT profess to have any special knowledge in the fields of immigration, naturalization, citizenship or constitutional law.

However, constitutional law covers these subjects, and is required course curriculum to escape from law school in Texas.

Very very generally... this is not meant to cover all potentialities -

You do not \"simply lose\" your US citizenship if you perform or engage in certain acts or conduct (expatriating acts), including naturalization in a foreign country.

To \"lose\" your US citizenship, the US government must take it from you through \"Expatriation Proceedings.\"† This requires the government to meet a specified burden of proof to establish that you \"intentionally relinquished\" your citizenship.

Before 1980, if the Government merely showed that one had performed an \"expatriating act,\" including swearing an oath of allegiance to a foreign government, that was deemed conclusive proof of your intention to relinquish and thus resulted in loss of citizenship.

In 1980 the US Supreme Court addressed the issue of whether you lose your citizenship by becoming a naturalized citizen of another country.† Basically, it held that you could if the government proved by a preponderance of the evidence (means the evidence shows a fact is more likely true than not) that you intended to relinquish your citizenship by such an action, then you could be expatriated (lose your citizenship).† †  

In 1986 Congress amended the Immigration and Nationality Act to specifically state that that a potentially expatriating act may result in loss of U.S. citizenship only if it was performed \"with the intention of relinquishing United States nationality\".

In 1990 the State Department adopted a policy whereby it pursues Expatriation Proceedings only when an individual affirmatively states that he or she intends to relinquish U.S. citizenship.† Thus, if an issue of possible expatriation is raised due to a US citizen having become a naturalized citizen of another country, the U.S. Consular Officer should ask if it was your intent to relinquish U.S. citizenship when performing the act of naturalization. If you swear it was not, the consular officer should then certify that it was not your intent to relinquish U.S. citizenship and conclude the matter.

In 2005 the Republicans introduced a bill which sought to abolish the above 1990 policy and reinstate a pre-1990 policy discouraging dual or multiple citizenship and pursuing Expatriation Proceedings even if you state that it was not your intent to relinquish US citizenship.† The Bill did not make it to the floor for a vote and died in committee.

So -- as things now stand -- you do not lose your US citizenship by becoming a naturalized citizen of the Philippines \"unless you intend to do so.\"† No Expatriation Proceedings would be instituted under current regulations and policies of the State Department unless you affirmatively state that it was your intent to relinquish your US citizenship.

However -- should the current 5-4 very conservative US Supreme Court re-address this matter, or should some new \"patriotic\" anti-foreigner legislation be introduced in this post 9/11 environment, or should any number of any other unforeseeable events occur -- this situation could change.†

Nothings sure in life but death and taxes.† :)

Tom in Big D
Dallas, Tx, USA
Mactan, Cebu, PH

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Re: My son is born of a Filipino Citizen, at 18 can he choose to be a Filipino
« Reply #37 on: January 23, 2010, 09:56:51 AM »
Thanks again Chuck, more money saved.† Are you in the Phils?† Great to get info from an lawyer Tom, thanks for making that very clear.

Offline bigrod

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Re: My son is born of a Filipino Citizen, at 18 can he choose to be a Filipino
« Reply #38 on: January 23, 2010, 10:05:21 AM »
Not in Philippines yet moving permanently to Cavite Provence in June 2010.

Chuck



Life is  to short not to live it right the first time

Offline GregW

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Re: My son is born of a Filipino Citizen, at 18 can he choose to be a Filipino
« Reply #39 on: January 23, 2010, 10:14:53 AM »
No, you will not lose your US citizenship merely be naturalizing as an RP citizen.†  Not only would you have to show intent to relinquish, the US government presumes you do not intend to relinquish.† Check this quote;

The Department has a uniform administrative standard of evidence based on the premise that U.S. citizens intend to retain United States citizenship when they obtain naturalization in a foreign state, subscribe to a declaration of allegiance to a foreign state, serve in the armed forces of a foreign state not engaged in hostilities with the United States, or accept non-policy level employment with a foreign government.


Now, for those who wish to relinquish here are the hoops you\'d have to jump through to accomplish that;

PERSONS WHO WISH TO RELINQUISH U.S. CITIZENSHIP

If the answer to the question regarding intent to relinquish citizenship is yes , the person concerned will be asked to complete a questionnaire to ascertain his or her intent toward U.S. citizenship. When the questionnaire is completed and the voluntary relinquishment statement is signed by the expatriate, the consular officer will proceed to prepare a certificate of loss of nationality. The certificate will be forwarded to the Department of State for consideration and, if appropriate, approval.


http://travel.state.gov/law/citizenship/citizenship_778.html

Notice in the above that even after going through the hoops above then it will be submitted for approval.† So even if you wish to there remains the possibility that your request to relinquish will even be disapproved.

Now, here\'s some more on the hoops one must go through to lose their US citizenship.

A person wishing to renounce his or her U.S. citizenship must voluntarily and with intent to relinquish U.S. citizenship:

†  1. appear in person before a U.S. consular or diplomatic officer,
†  2. in a foreign country (normally at a U.S. Embassy or Consulate); and
†  3. sign an oath of renunciation

Renunciations that do not meet the conditions described above have no legal effect. Because of the provisions of section 349(a)(5), Americans cannot effectively renounce their citizenship by mail, through an agent, or while in the United States. In fact, U.S. courts have held certain attempts to renounce U.S. citizenship to be ineffective on a variety of grounds, as discussed below.

http://travel.state.gov/law/citizenship/citizenship_776.html

To me it seems simple.  You are a tax paying citizen of the US and they don\'t want to lose the revenue they get from you.    ;)

Ako si Goyo.†† Amerikano akong lawas pero Bisaya akong kasing-kasing

Offline GregW

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Re: My son is born of a Filipino Citizen, at 18 can he choose to be a Filipino
« Reply #40 on: January 23, 2010, 10:20:01 AM »
Now, about owning land.† Yes, as a naturalized Pilipino citizen you would be entitled to the ownership of lands as would any other Pilipino citizen.†

The Philippine Supreme Court had this to say in [G.R. No. 113539.† March 12, 1998]

CELSO R. HALILI and ARTHUR R. HALILI, petitioners, vs. COURT OF APPEALS, HELEN MEYERS GUZMAN, DAVID REY GUZMAN and EMILIANO CATANIAG, respondents.


if the ban on aliens from acquiring not only agricultural but also urban lands, as construed by this Court in the Krivenko case, is to preserve the nationís lands for future generations of Filipinos, that aim or purpose would not be thwarted but achieved by making lawful the acquisition of real estate by aliens who became Filipino citizens by naturalization


http://sc.judiciary.gov.ph/jurisprudence/1998/mar1998/113539.htm#_ednref24


Ako si Goyo.†† Amerikano akong lawas pero Bisaya akong kasing-kasing

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Re: My son is born of a Filipino Citizen, at 18 can he choose to be a Filipino
« Reply #41 on: January 23, 2010, 10:23:00 AM »
Thank you Greg, that is another big help and boost of Confidence.
Chuck, maybe we can get together some time. I\'ll be over in that area from time to time.† Living in Orion and moving this year also on a perm. basis.† Will be taking the ferry across Manila Bay to dock near the US Embassy.† Dock is almost right in middle of distance between Cavite and Embassy.† Have a beer or something.

Offline bigrod

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Re: My son is born of a Filipino Citizen, at 18 can he choose to be a Filipino
« Reply #42 on: January 23, 2010, 10:25:53 AM »
Sounds like a plan JC. Always enjoy a cold one.

Chuck
Life is  to short not to live it right the first time

Offline aerosick

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Re: My son is born of a Filipino Citizen, at 18 can he choose to be a Filipino
« Reply #43 on: January 23, 2010, 10:26:06 AM »
I would like to see a Link to authentic, documented information about any USA born citizen that has got a 2nd citizenship and was turned in (or caught) and went through any or all *potentially* formalities; yet was able to keep his/her original USA citizenship. I\'ve never heard of anyone doing this. Does anyone know anyone (not by rumors, etc) that went through this procedure?

Cut/Paste quotes from the internet (yes, I\'m bad for that also) just wouldn\'t let me sleep well at nights...

Billy
"We're here to preserve democracy, not practice it."

Gene Hackman: Crimson Tide ~ 1995

Offline tom.inbigdtexas

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Re: My son is born of a Filipino Citizen, at 18 can he choose to be a Filipino
« Reply #44 on: January 23, 2010, 10:36:18 AM »

To me it seems simple.† You are a tax paying citizen of the US and they don\'t want to lose the revenue they get from you.† † ;)



Yes, as a naturalized Pilipino citizen you would be entitled to the ownership of lands as would any
other Pilipino citizen.


Yeah... death and taxes... the best renunciation of citizenship is death.† ;D

And speaking of death and taxes...† as a naturalized Pilipino citizen you will be \"entitled\" to pay taxes just as any other Pilipino citizen... ;D even if the income comes from your country of origin.

Republic Act No. 8424: The National Internal Revenue Code of the Philippines, ChanRobles Law Library, SEC. 23. General Principles of Income Taxation in the Philippines. - Except when otherwise provided in this Code: (A) A citizen of the Philippines residing therein is taxable on all income derived from sources within and without the Philippines; [...] (D) An alien individual, whether a resident or not of the Philippines, is taxable only on income derived from sources within the Philippines;...

Dallas, Tx, USA
Mactan, Cebu, PH

 


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