Author Topic: Child was born in philippines but father is US citizen...citizenship? (Read 9064 times)

majinite · « **on:** March 15, 2009, 09:53:54 AM »

i brought my kid to stay with his grandparents in PI. immigration at ninoy aquino airport 'forgot' to stamp his passport upon entry so now the burden is on me to get proof that he entered the country legally. im going about that right now. anyway, then the issue came up of his citizenship to stay there. everything ive read, even the constitution of the philippines, says he would be a naturalized filipino citizen because his mother is a filipino and he also has an NSO Certified birth certificate but because I am his father and a US citizen, that he also has us citizenship. he has a US Passport. however, the people my inlaws have spoken to at the Dept of Foreign Affairs in PI are trying to say hes only a US citizen and has overstayed in the Philippines. I took him there in November. i cant trust what they say at DFA because ive been told some people are corrupt and only want money. does anyone have any info on this or has been through this ordeal in the past?

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Raquelproud boholana · « **Reply #1 on:** March 15, 2009, 11:16:47 AM »

DFA is right your child is still U.S citizen even if his Mom is filipina. Unless you report your child birth in Philippines consulate here in U.S and send them all the requirements they needed by then your child is now dual citizen. I have 3 children and two of them have dual citizenship(U.S citizen/filipino citizen) since we report their birth and send every requirements they ask in philippines consulate.We never have done this yet to our third child.Every one assume that because the mom is filipina they can be automatic dual citizen but its not true.
Do you travel with you wife?or it just you and your child? If you travel with your wife the immigration will stamp your passport and your kid passport up to one year stay in philippines.

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fdaray · « **Reply #2 on:** March 15, 2009, 11:50:26 AM »

Because of the dual citizenship, a child born in America is an American,. If his mother is a Pilipina, he is also a Pilipino. At legal age, he should chose for a single citizenship

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hofelina · « **Reply #3 on:** March 15, 2009, 03:26:05 PM »

There are two ways to acquire Filipino citizenship; Jus Solis, Jus Sanguinis. By birth and by blood.
Are you married with your wife? If not that kid gets the citizenship of the mother. Who are the legal parent/parents chooses his/her citizenship, till that kid is of major age to choose on his/her own, in this case a possible dual citizenship. Dep of Foreign Affairs will gladly give you advice.

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Lorenzo · « **Reply #4 on:** March 16, 2009, 04:12:06 AM »

The Child is a citizen of the United States of America.

If a child, has a mother or father who is an American; even if that child is born abroad, that child is automatically an American Citizen. By American Blood.

If you have problems, go straight to the Embassy of the United States of America in Manila. This should be facilitated quickly.

US Citizens will be given priority in US Embassies.

God Bless.

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Lorenzo · « **Reply #5 on:** March 16, 2009, 04:15:17 AM »

i brought my kid to stay with his grandparents in PI. immigration at ninoy aquino airport 'forgot' to stamp his passport upon entry so now the burden is on me to get proof that he entered the country legally. im going about that right now. anyway, then the issue came up of his citizenship to stay there. everything ive read, even the constitution of the philippines, says he would be a naturalized filipino citizen because his mother is a filipino and he also has an NSO Certified birth certificate but because I am his father and a US citizen, that he also has us citizenship. he has a US Passport. however, the people my inlaws have spoken to at the Dept of Foreign Affairs in PI are trying to say hes only a US citizen and has overstayed in the Philippines. I took him there in November. i cant trust what they say at DFA because ive been told some people are corrupt and only want money. does anyone have any info on this or has been through this ordeal in the past?

This happened to me when I studied abroad in The Ukraine 3 years ago. I was given entry to the Ukraine, but the immigration officer forgot to stamp my US Passport on entry. When it was time to leave, I had a problem, however, I went with some other students to the US Embassy in Kiev and they personally sent a US Embassy officer to the airport with me and facilitated my exit out of the country. As scheduled.

Go straight to the US embassy if you have any problems.
This problem should be solved quickly.

The United States has a policy called :General Information About a Consular Report of Birth Abroad (CROBA).

Simply show proof of evidence that the father of the child is a US citizen at the US embassy-
-show either his US Passport, Social Security Card, US Driverse License, etc.

Best of luck.

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Bad Godesberg · « **Reply #6 on:** March 16, 2009, 05:46:19 AM »

mag inquire ka ng personal , donÂ´t listen sa ibang tao.
mag direct ka sa US Embassy Philippines for legal assistance para sa imong anak and family and that is the best way na matabangan ka. ( US passport )

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hofelina · « **Reply #7 on:** March 16, 2009, 06:44:45 AM »

Maajong gabii Inday Ellen, palihug basaha ang posting, nangutana man siya , karon modawat siya ug feedbacks, na-a ra niya pagtimbang kon unsa ang pagabuhaton.
Tungha baja sa misa nato karong 22 March. Pagdala ug dinuguan, ha?

Manay

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Lorenzo · « **Reply #8 on:** March 16, 2009, 06:59:39 AM »

i brought my kid to stay with his grandparents in PI. immigration at ninoy aquino airport 'forgot' to stamp his passport upon entry so now the burden is on me to get proof that he entered the country legally. im going about that right now. anyway, then the issue came up of his citizenship to stay there. everything ive read, even the constitution of the philippines, says he would be a naturalized filipino citizen because his mother is a filipino and he also has an NSO Certified birth certificate but because I am his father and a US citizen, that he also has us citizenship. he has a US Passport. however, the people my inlaws have spoken to at the Dept of Foreign Affairs in PI are trying to say hes only a US citizen and has overstayed in the Philippines. I took him there in November. i cant trust what they say at DFA because ive been told some people are corrupt and only want money. does anyone have any info on this or has been through this ordeal in the past?

Majinite,

Please take your son with you to the US Embassy in Manila and talk to them about CROBA. Since you are an American Citizen, your son, falls under the American Oversees Act. Even if your son was born to a Filipina mother (and citizen), due to the fact that your son shares your blood--American Blood--he is automatically an American Citizen.

If the DFA is giving you hard time, go straight to the US Embassy and talk and channel your questions/concerns to the American Liaison in Manila.

Regarding US Citizens, go straight to the US Embassy.

God Speed.

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ayessa · « **Reply #9 on:** March 20, 2009, 03:38:42 PM »

The rule of citizenship in the Philippines is Jus Sanguinis or citizenship by blood. The rule of citizenship in the US is Jus Soli, which is citizenship by place.

If he was born in the Philippines, he needs to be petitioned by his american father, since he was not born in the States.

simple.

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aduy · « **Reply #10 on:** March 20, 2009, 04:30:46 PM »

Your problem is the passport of your son has no arrival stamp at the airport. Please go to the Immigration office in Intramuros, Manila and explain them that the immigration personnel at the airport forgot to affix arrival stamp on the passport of your son. Only immigration personnel can solve your problem regarding this issue. The cost is minimal but don't transact bystanders or fixers, consult only with the immigration personnel. Please bring any proof of arrival such as boarding pass or any documents.

you can asks assistance to any accredited travel agencies with the immigration in Manila like; Baron travel, Pan Malayan, Thomas Cook Travel, Marsman Tours and other travel agencies. They will assist you on how to solve your problem and they are expert for this issue. Travel agency will process your papers at the immigration office but sometimes they require you to go personally for case to case basis.

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LanggamTamsi2 · « **Reply #11 on:** March 20, 2009, 04:51:26 PM »

The rule of citizenship in the Philippines is Jus Sanguinis or citizenship by blood. The rule of citizenship in the US is Jus Soli, which is citizenship by place.

If he was born in the Philippines, he needs to be petitioned by his american father, since he was not born in the States.

simple.

tinood baya na, diri pod sa aust ing+ana pod. Mao nga diri kon pregnant ka unya hapit na imong due dili ka pa byahion outside aust.

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janjan · « **Reply #12 on:** March 20, 2009, 05:31:50 PM »

0h bitaw ana man gud kasagaran diri pud sa canada

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Moyhua · « **Reply #13 on:** March 21, 2009, 12:03:51 AM »

Akong amo sauna dra sa Panglao, American og Pinay. Ang asawa nanganak sa Bohol. Ako mismo naghikay paglukat og US and Philippine passport. Dli pa gani sila kasal. Ang US passport sa bata ang last name sa Tatay ang Philippines passport last name sa Nanay. So far wla baya pod nagka problema.

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Lorenzo · « **Reply #14 on:** March 21, 2009, 03:30:27 AM »

Please refer your questions to the US Embassy.

If you have a child born to American citizens, though the child was born abroad, will automatically be a citizen of the UNITED STATES OF AMERICA:

1790 First Congress, Act of March 26th, 1790, 1 Stat. 103.

"And the children of citizens of the United States that may be born beyond the sea, or out of the limits of the United States, shall be considered as natural born citizens: Provided, That the right of citizenship shall not descend to persons whose fathers have never been resident in the United States".

1855 Act of February 10, 1855. Section 1, 10 Stat. 604.

"All children heretofore born or hereafter born out of the limits and jurisdiction of the United States, whose fathers were or may be at the time of their birth citizens thereof, are declared to be citizens of the United States; but the rights of citizenship shall not descend to children whose fathers never resided in the United States."

As I said before, go straight to the Embassy of the United States of America if you are having any difficulty. They will answer all your questions and situations you may have. United States Citizens, if having difficulty and problems in the Philippines, should go straight to the US Embassy.

Good Luck.

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Lorenzo · « **Reply #15 on:** March 21, 2009, 03:46:13 AM »

American Citizenship is unique.

Let me explain to you this predicament. A child can acquire citizenship through 2 means:

1) Birth
2) Blood Right

Birth: If a foreign citizen gives birth to a child in the UNITED STATES OF AMERICA, that child, though born to foreign citizens, is automatically an American Citizen. By Right.

Blood: If a child, born to either a mother who is an American Citizen or father that is an American Citizen, is born abroad and beyond the mainland United States, its territories abroad, will acquire immediate American Citizenship. That child, though born abroad, will be regarded as a 'Natural Born American Citizen'.

Since you are the father, and an American Citizen, the following constitiutional provisions of the CONSTITUTION OF THE UNITED STATES OF AMERICA applies to you and your child:
1790 First Congress, Act of March 26th, 1790, 1 Stat. 103.

"And the children of citizens of the United States that may be born beyond the sea, or out of the limits of the United States, shall be considered as natural born citizens: Provided, That the right of citizenship shall not descend to persons whose fathers have never been resident in the United States".

1855 Act of February 10, 1855. Section 1, 10 Stat. 604.

"All children heretofore born or hereafter born out of the limits and jurisdiction of the United States, whose fathers were or may be at the time of their birth citizens thereof, are declared to be citizens of the United States; but the rights of citizenship shall not descend to children whose fathers never resided in the United States."

Your child is an American Citizen, like yourself. Simply go straight to the UNITED STATES EMBASSY in Manila and this should be clarified via an American Document that will be Apostilled and Authenticated and Legalized.

If the United States recognizes this, and I am definite of this, all other nations will recognize.

Cheers.

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ayessa · « **Reply #16 on:** March 21, 2009, 07:58:19 PM »

Birth Abroad to Two U.S. Citizen Parents in Wedlock: A child born abroad to two U.S. citizen parents acquires U.S. citizenship at birth under section 301(c) of the Immigration and Nationality Act (INA). One of the parents MUST have resided in the U.S. prior to the child's birth. No specific period of time for such prior residence is required.

Birth Abroad to One Citizen and One Alien Parent in Wedlock: A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father: A child born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(a) INA provided:

1) a blood relationship between the applicant and the father is established by clear and convincing evidence;

2) the father had the nationality of the United States at the time of the applicant's birth;

3) the father (unless deceased) has agreed in writing to provide financial support for the person until the applicant reaches the age of 18 years, and

4) while the person is under the age of 18 years --

A) applicant is legitimated under the law of their residence or domicile,

B) father acknowledges paternity of the person in writing under oath, or

C) the paternity of the applicant is established by adjudication court.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother: A child born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(c) INA if the mother was a U.S. citizen at the time of the child's birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.

1997

American Citizens Services

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Lorenzo · « **Reply #17 on:** March 21, 2009, 09:29:24 PM »

Children presently outside the US can obtain US citizenship if five requirements are met.

1. The child must have one US citizen parent, whether by birth or naturalization;
2. The US citizen parent must have resided in the US for at least five years, at least two of which must have been after age 14, or have a US citizen grandparent who meets this residency requirement;
3. The child must be under age 18;
4. The child must be residing outside the US in the physical and legal custody of the US citizen parent; and
5. The child must be temporarily admitted to the US in lawful status and must maintain that status until taking the oath of citizenship

The custody requirements discussed above also apply in cases of children living abroad.

When the child is residing abroad, the following must be submitted in making the application for citizenship:

* Form N-600 or N-643 (depending on whether the child is biological or adopted);
* Photos of the child;
* The childâ€™s birth certificate;
* Evidence of the US citizen parentâ€™s citizenship (birth or naturalization certificate);
* Marriage certificate (if applicable);
* Evidence of termination of prior marriages (if applicable);
* Evidence of US citizen parentâ€™s (or grandparentâ€™s) residence in the US;
* Evidence of the childâ€™s lawful admission to the US and continuing lawful status;
* Evidence of a final adoption (if applicable);
* Evidence of any name change (if applicable)

If the childâ€™s parents are divorced, evidence of legal custody needs to be provided. If the child is an adopted orphan, evidence of this needs to be provided. Finally, if the child was born out of wedlock, evidence of legitimation needs to be provided.

The application can be filed before the child enters the US, but the child must be present in the US to take the oath of allegiance. The application can be filed with any INS district office. Along with the application, the parent can request specific dates for the oath, but should allow the INS at least three months to adjudicate the application.

Source: http://www.visalaw.com/01jun3/12jun301.html

Again, I reiterate,

As an American to another American, please go straight to the US EMBASSY and have documents ready to be apostilled and authenticated.

It's simply constitutional:
CONSTITUTION OF THE UNITED STATES OF AMERICA
1790 First Congress, Act of March 26th, 1790, 1 Stat. 103.

"And the children of citizens of the United States that may be born beyond the sea, or out of the limits of the United States, shall be considered as natural born citizens: Provided, That the right of citizenship shall not descend to persons whose fathers have never been resident in the United States".

God Bless~

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Lorenzo · « **Reply #18 on:** March 21, 2009, 09:39:39 PM »

Entering the country under a lawful status simply means getting your child's birth certificate to be apostilled and legalized by the US Embassy, considering the child will be regarded as a 'Natural Born American Citizen' despite the location of his birth, due to blood relation to an American parent.

What they will do is write a legalized and American Embassy-authenticated document that states and declares that the US Embassy has read over the birth certificate and verified that the child is an American citizen and has the right to return home to the United States of America. And as dictated in the interior page of a US PASSPORT, It clearly states:

"The Secretary of State of the United States of America hereby requests all whom it may concern to permit the citizen/national of the United States named herein to pass without delay or hindrance and in case of need to give all lawful aid and protection. "

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ayessa · « **Reply #19 on:** March 22, 2009, 01:31:09 AM »

Birth Abroad to One Citizen and One Alien Parent in Wedlock: A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child.

Be careful with the qualifying provision..... provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth.

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