Living in The Philippines > Emigrating section

Born in the US grew up in PI coming back to the States after 20 years

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Majal:
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!!! :)

Art, just a re(tired) Fil-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.   

hitekcountry:

--- Quote from: Art, just a re(tired) Fil-Am 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.

--- End quote ---

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.

Majal:
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....

Majal:
hitekcountry  ......I believed parents are both naturalized US Citizen already at the time of her birth. So what that means?

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