MikeLigalig.com

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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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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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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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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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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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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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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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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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 child’s birth certificate;
    * Evidence of the US citizen parent’s citizenship (birth or naturalization certificate);
    * Marriage certificate (if applicable);
    * Evidence of termination of prior marriages (if applicable);
    * Evidence of US citizen parent’s (or grandparent’s) residence in the US;
    * Evidence of the child’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 child’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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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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