Author Topic: Born in the US grew up in PI coming back to the States after 20 years  (Read 4535 times)

Offline Majal

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This is somewhat similar to Coleman's previous post about his son's citizenship. I didn't want to add on a two year thread. I just want to find out if any of you had encountered this situation.

My niece was born here in San Diego, when her parents got separated WE as in the family decided its best for the baby to go to the Philippines where she could be given proper care  and a Yaya. (since the parents (my brother and the wife at that time was irresponsible). None of us at that time can commit to taking care of her as much as we wanted to. Anyways, the baby age 3 is now in 2nd Year College and wanting to come back to the States after she graduate. She stayed at her Mom's side of the family since one of her Aunt didn't have a child so she sort of requested that. There was "bickering" between families through out the years, my side of the family has legal custody of her but both grandparents agreed to have her most of the time with the Moms relative and with us during holidays. My niece was obviously brain wash that for years she wouldn't come back to Bicol as plan. Which infuriated my old man that he told them they will be responsible in making payments for her Visa. My niece and I have a very close relationship and we always managed to see each other on my trips. I never get into the drama in her life. But, my niece is a victim of domestic violence here in the states. at the age of two, her Mom's lover beat her to shut her up from crying...At 2, he went to jail but charges got drop because my ex-sister in law would not press charges. I didn't think she remembers any of it, what I see is that she reacts badly to people arguing or loud talking. Neways, She is beautiful young lady, very smart and she wants to try the States. After College she told me she made a decision to come back. Which I think , she is entitled to and I'm all for it..
1. Did anyone or family had similar experience?
2. I don't think her Moms family were renewing her visa, I suspect she was living illegally in PI all these years
3. Can she get dual citizenship? Is there some law in PI about duration of stay?

I've read lots about immigration but mostly coming in to PI. If this has been discuss already, I don't want to bore anyone. If you could direct me to where the discussion board  is located or the title.  Thanks for feedback in advance!!! :)


Offline Art, just a re(tired) Fil-Am

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Re: Born in the US grew up in PI coming back to the States after 20 years
« Reply #1 on: October 18, 2015, 04:49:14 AM »
Majal,
How did your niece enter the Philippines? What was stamped in her U.S. passport? It would be irrelavant, because by now it has expired long ago, if her visa was never renewed all the time she was staying in the Philippines.
She still can return to the U.S. since she is a U.S. citizen by birth and has a U.S. passport, even though expired. 
She will just have to write the BI Commisioner and U.S. Embassy and in turn they will advise your niece how to go about getting her visa to return to the U.S. and even though her U.S. passport has since expired too, but there will be fines or penalities for her to pay for overstaying her visa or lack of one.
Once she is back in the U.S. she can contact the nearest Philippines Consulate to find out how to go about being a dual citizen, if she qualifys at all, because both of her parents has to be Filipino citizens at the time of her birth.
You can read the rules under the Philippine Constitutional Law of 1935, 1973 and or 1978 under ARTICLE IV - CITIZENSHIP, just Google it, Philippines Constitutional Law of which year.   
"Life is what we all make it to be"!
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"Do on to others as they would do on to You, but do it first"!
"Different strokes for different folks"!
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Offline hitekcountry

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Re: Born in the US grew up in PI coming back to the States after 20 years
« Reply #2 on: October 18, 2015, 05:15:49 AM »
Majal,
How did your niece enter the Philippines? What was stamped in her U.S. passport? It would be irrelavant, because by now it has expired long ago, if her visa was never renewed all the time she was staying in the Philippines.
She still can return to the U.S. since she is a U.S. citizen by birth and has a U.S. passport, even though expired. 
She will just have to write the BI Commisioner and U.S. Embassy and in turn they will advise your niece how to go about getting her visa to return to the U.S. and even though her U.S. passport has since expired too, but there will be fines or penalities for her to pay for overstaying her visa or lack of one.
Once she is back in the U.S. she can contact the nearest Philippines Consulate to find out how to go about being a dual citizen, if she qualifys at all, because both of her parents has to be Filipino citizens at the time of her birth.
You can read the rules under the Philippine Constitutional Law of 1935, 1973 and or 1978 under ARTICLE IV - CITIZENSHIP, just Google it, Philippines Constitutional Law of which year.

I'll only disagree on that one point that Both need to be Filipino citizens at the time of her birth.

It is only required that ONE parent be a Filipino citizen at the time of her birth.

She was born well after the change in the law in 1973.

Offline Majal

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Re: Born in the US grew up in PI coming back to the States after 20 years
« Reply #3 on: October 18, 2015, 05:18:30 AM »
Art...did you get some sleep?  ;).. I swear you're an IMMIGRATION LAW specialist!!! you should be a consultant (or maybe you already are....). Maybe not for pay since the idea of going back to work doesn't appeal to you any longer (LOL)... Thank you. I will check it out.  My Dad gave me a stern instruction to not interfere with my Niece stuff until her Moms side of the family come to talk to him for help. These Filipino ways sometimes get to me...I told my Dad its NOT about them oldies, its Elisa's future. Good to know though. I was worried too because my Dad is the one that took her back there in PI years ago so I think ultimately since he was like the guardian, he might get question about it. Not sure if on his age of 94 he can handle legal matters any longer.

Thanks again....

Offline Majal

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Re: Born in the US grew up in PI coming back to the States after 20 years
« Reply #4 on: October 18, 2015, 05:39:04 AM »
hitekcountry  ......I believed parents are both naturalized US Citizen already at the time of her birth. So what that means?

Offline hitekcountry

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Re: Born in the US grew up in PI coming back to the States after 20 years
« Reply #5 on: October 18, 2015, 06:27:29 AM »
hitekcountry  ......I believed parents are both naturalized US Citizen already at the time of her birth. So what that means?

When I applied for Philippine citizenship I needed to prove that my father was still a Philippine citizen (my mother was US Citizen) at the time of my birth. He applied for and became a US Citizen after I was born. So yes he was still a Philippine Citizen when I was born.

I believe that if both Parents were naturalized US Citizens at the time she was born then she cannot be a Philippine Citizen.

Of course you need to double check this, donít just assume that Iím right, check with the Philippine consulate in Los Angeles

Offline hitekcountry

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Re: Born in the US grew up in PI coming back to the States after 20 years
« Reply #6 on: October 18, 2015, 06:55:09 AM »
Majal

As far as her applying for citizenship do to the length of stay in the Philippines I donít know anything about that. As I said I would check with the Philippines Consulate in Los Angeles.

Offline Art, just a re(tired) Fil-Am

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Re: Born in the US grew up in PI coming back to the States after 20 years
« Reply #7 on: October 18, 2015, 10:39:03 AM »
Art...did you get some sleep?  ;).. I swear you're an IMMIGRATION LAW specialist!!!
Thank you. I will check it out.  My Dad gave me a stern instruction to not interfere with my Niece stuff until her Moms side of the family come to talk to him for help. These Filipino ways sometimes get to me...I told my Dad its NOT about them oldies, its Elisa's future. I was worried too because my Dad is the one that took her back there in PI years ago. Not sure if on his age of 94 he can handle legal matters any longer.

Thanks again....
I slept again like a baby from 5 am to 9 am this Sunday morning. It's still pretty windy, but only mild rain nothing to worry about of any flooding.
By far I'm no Immigration specialist. It's from all of experiencing immgration issues I personally had to go through all of the 17 yrs we've lived here in the Philippines.
I myself was not qualified to become a dual citizen under RA9225 and or under any of the Philippine Constitutional Laws I provided you to read up on and see where you niece falls under, if any at all.
I fell under the 1935 law requiring that my father had to be a Filipino citizen when I was born, but he wasn't and my mother didn't have any affect or influence on my behalf since I was already at the age of majority and I was already a U.S. citizen by birth even though I was born in the Philippines. Crazy law huh? Fortunately though, I now have my SRRVisa and I can stay in the Philippines indefinite, no more BB stamps and or tourist visa extensions ever again!
You know, when my sister-in-law made it to the U.S. with the help of her parents, she had to leave her 5 yr old son behind with the grand parents. He's now 17 yrs old and she plans to petition him, but now the grand parents are standing in her way. I think it's all about the money she has been sending her son all these yrs, which they have been solely relying on and if her son makes it to the U.S., they would become penniless so as the drama stands and that's why your Dad advised you to not get involved with your niece's predicament in wanting to return to the U.S. unless she has no one else to rely on.
Anyway, if your niece is smart and independent, she can solve her own issues in returning to the U.S. on her own as long she has some help from family in the U.S. fananicially and or providing her with what ever legal documents she may require in completing whatever it takes to submit all of her applications for a visa and a new U.S. passport and let alone with whatever penalies and or fines she will have to pay for overstaying in the Philippines if she has never been paying for staying in the Philippines legally, like visa extensions and or a student visa while in college and if so, she has nothing to pay in penalities and or fines to immgration, hope that be her case.
My best wishes and good fortune to your niece in returning to the U.S.!         
« Last Edit: October 18, 2015, 11:08:20 AM by Art, just a re(tired) Fil-Am »
"Life is what we all make it to be"!
"It's always a matter of money"!
"Do on to others as they would do on to You, but do it first"!
"Different strokes for different folks"!
"Que Sera Sera"!

Offline Majal

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Re: Born in the US grew up in PI coming back to the States after 20 years
« Reply #8 on: October 18, 2015, 02:13:00 PM »
hitekcountry  ......I believed parents are both naturalized US Citizen already at the time of her birth. So what that means?

Of course you need to double check this, donít just assume that Iím right, check with the Philippine consulate in Los Angeles

Appreciate you  sharing your experience, right now I am just making inquiries. I'm here she's in PI and there's quite a drama going on between my parents and the my ex-sister inlaws family. She will be off age by the time this is going to happen and at that point she can make decision outside of everyone else. Her parents both re-married and have children. Definitely could use some of the suggestions when the time come. Thanks!

Offline Majal

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Re: Born in the US grew up in PI coming back to the States after 20 years
« Reply #9 on: October 18, 2015, 02:35:57 PM »


Art, I'm pretty sure Philippines will penalize her for overstaying. Don't quote me on this, my Dad made an inquiry and its about 200K PHP for 17 years of being in PI not including expenses working on the paperworks. Funny but most of her paperworks are fake as well, school and all that, I found out my Dad has all the original paperwork, birth certificate and all.. and none was taken from him (or he didn't  give it to him, he was gonna sue them for kidnapping)..its true MMK episode. LOL ::) :( >:( :-[   When I joined the Navy I was gonna bring her back and be her guardian but didn't pan out.I am willing to help and probably if her Mom or my brother doesn't, then I guess its me. So Im prepping for it. In fairness to her Moms relative, She was taken care of well. Private school the whole way thru college. Wish she learned how to cook Ka-Pampangan though.  Thanks for all the recommendations and suggestions. I sure could use a starter point.

Offline Art, just a re(tired) Fil-Am

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Re: Born in the US grew up in PI coming back to the States after 20 years
« Reply #10 on: October 18, 2015, 03:04:53 PM »
Majal,
Actually, your niece having been in the Philippines for that long period of time and if she has been paying for all of her visa extensions and or her student visa, if still valid and not have not yet expired, all she would need is valid U.S. passport, an Emigrant Certificate Clearance (ECC) and her one-way plane ticket to leave the Philippines for the U.S. before her student visa expires, but it's best for her to ask any local BI field office nearest to where she lives to be certain of the explanations as I described above or she can go to the main BI office in Manila to consult with one of their BI attorneys, which I understand is no longer free just for a consultation. How much I do not know. She could email or give them a call to find out.
Since I just read your reply above, I think it will be a long tedious process to get all of her required original legal documents let alone NSO certificates of whatever is need included in any of her applications and pay the penalities for her overstaying.
Her first step is for her to write a letter to the BI Commisioner in Manila and or consult with a BI attorney and explain her situation and wait for their reply as what to do next til the finish, when she finally has her visa, passport, ECC and one-way plane ticket home to the U.S.. 
BTW, It would also help if she has her own private PC at home with internet, scanner, copier and printer unless she doesn't mind doing everything manually by hand and going back and forth to the main or BI field office just to get the necessary application forms.
Her ordeal that she will be going through will be a long tedious process let alone a very expensive one, but if she is patient, smart, independant and persistant, she will do just fine on her own without anyone getting into her personal business in trying to get back to the U.S.! 
« Last Edit: October 18, 2015, 03:35:26 PM by Art, just a re(tired) Fil-Am »
"Life is what we all make it to be"!
"It's always a matter of money"!
"Do on to others as they would do on to You, but do it first"!
"Different strokes for different folks"!
"Que Sera Sera"!

Offline cvgtpc1

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Re: Born in the US grew up in PI coming back to the States after 20 years
« Reply #11 on: October 18, 2015, 11:40:04 PM »
You're still in the Navy correct?  Can the base legal office give you some advice?

Offline Majal

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Re: Born in the US grew up in PI coming back to the States after 20 years
« Reply #12 on: October 19, 2015, 03:13:10 AM »
You're still in the Navy correct?  Can the base legal office give you some advice?

Niece is  not a dependent of mine. Do not see how Navy legal can help. No different than what I'm doing now asking for recommendations from you guys.  She is a US Citizen by birth and no contest on that. More the fact that she was living in PI with fake papers and possibly not paying the Phil gov't with the required tourist visa taxes for 17 years. Funny but, thought came to me, she can be deported to the States. But she won't be able to come back to PI.

Offline cvgtpc1

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Re: Born in the US grew up in PI coming back to the States after 20 years
« Reply #13 on: October 25, 2015, 01:34:25 AM »
You're still in the Navy correct?  Can the base legal office give you some advice?

Niece is  not a dependent of mine. Do not see how Navy legal can help. No different than what I'm doing now asking for recommendations from you guys.  She is a US Citizen by birth and no contest on that. More the fact that she was living in PI with fake papers and possibly not paying the Phil gov't with the required tourist visa taxes for 17 years. Funny but, thought came to me, she can be deported to the States. But she won't be able to come back to PI.

Not help per se....but real legal advice instead of the barracks lawyers here.

 


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