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Turbota

Depart the US with Philippines passport ... Enter US with US passport?

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Turbota

Here is another question for you folks that have a better understanding of the system than I do ...

 

Lets consider a Filipina that is living in the US and has a US passport for a minute. Lets also say that this Filipina also has a Philippines passport that is not expired.

 

Could she leave the US on a trip to the Philippines using her current Philippines passport ... Then later come back to the US on her US passport?

 

 

Thanks,

Ron

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Turbota

In other words .... She is using her Philippines passport to both leave the US and enter the Philippines after the end of her flight. 

 

Then at a later date, depart the Philippines using her US passport, and re-enter the US after the flight also using her US passport.

Edited by Turbota

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Turbota

Since we are at it ..... Lets say my Filipina wife departs the US and enters the Philippines using her US passport, does she need to show a round trip ticket (Like I do when I go to the Philippines)?

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NOSOCALPINOY

 

Here's the two passport rule of thumb

 

MANILA, March 25, 2014 -- Bureau of Immigration Commissioner Siegfred B. Mison recently issued the Operations Order NO. SBM-2014-015, a statement said.

 

 The order covers the rules and guidelines for the immigration processing of arriving and departing passengers who retained or re-acquired Philippine citizenship under Republic Act no. 9225.

 

Republic Act No. 9225, otherwise known as the “Citizenship and Re-acquisition Act of 2003” declares that natural-born citizens of the Philippines who become citizens of another country shall retain of re-acquire Philippine citizenship upon taking an Oath of Allegiance to the Republic of the Philippines subject to the conditions provided therein;

 

To be consistent with the spirit and intent of the said Act and in order to extend the full benefits to those who availed thereof, there is a need to streamline the rules and regulations implementing Republic Act No. 9225, particularly in the immigration processing at the international ports of entry and exit of passengers who retained or re-acquired Philippine Citizenship under Republic Act No. 9225

 

Administrative Order No. 91, Section 1, issued on 12 January 2004, designated the Bureau of Immigration as the implementing agency of the Republic Act No. 9225.

 

By authority of Section 2 of the same Administrative Order, the following rules and guidelines are hereby ordered:

 

Section 1. Proof of Retention or Re-acquisition of Philippine Citizenship

 

For purpose of this Operations Order, the following shall be considered as substantial proof of retention or re-acquisition of Philippine Citizenship:

 

1.Valid Philippine passport; or

2.Original copy of Identification Certificate issued either by the Bureau of Immigration (BI) or Foreign Service Posts of the Department of Foreign Affairs (DFA) ; or

3.Original Copy of the Certificate of Retention/ Re-acquisition of Philippine Citizenship (CRPC) issued by the BI

 

Section 2. Immigration Processing During Arrival

 

1. Upon arrival at any international port of entry in the Philippines, a passenger who retained or re-acquired Philippine citizenship under Republic Act No. 9225 shall present to the Immigration Officer during immigration primary inspection both his/ her valid foreign passport and any of the substantial proof of Philippine Citizenship enumerated in Section 1 hereof.

 

2. Upon determination of the validity of the presented proof of Philippine citizenship, such passenger shall be admitted for an indefinite period of authorize stay. The Immigration Officer shall affix the “Arrival” stamp on the passenger’s foreign passport and indicate in the provision for “authorized Stay” therein the presented proof Philippine citizenship as follows:

 

a.“PP” – for valid Philippine passport; or

b.“RA 9225”- for IC or CRPC.

 

Section 3. Immigration Processing During Departure

 

1. A passenger using a valid foreign passport who retained or re-acquired his/ her Philippine citizenship under Republic Act No. 9225 shall be cleared for departure without surrendering any certificate, permit or proof of payment imposable immigration fees upon presentment of any substantial proof Philippine citizenship enumerated in Section 1 hereof.

 

2. Upon determination of the validity of the presented proof of Philippine citizenship, the Immigration Officer shall affix the “departure” stamp on the passenger’s foreign passport and indicate the presented proof Philippine citizenship as follows:

 

c.“PP”- for valid Philippine passport; or

d.“RA 9225”- for IC or CRPC.

 

Section 4. Failure to present Proof of Philippine Citizenship

 

A Passenger using a foreign passport claiming to have retained of acquired his/ her Philippine citizenship under Republic Act. No. 9225 but fails to present any of the substantial proof of Philippine citizenship may be admitted or allowed to depart in accordance with existing and applicable rules and regulations.

 

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Lee

Why play around. She should leave on a US passport, otherwise unless the Philippine passport has her US citizenship in it, they will probably think she was an overstay.

 

She does not need a return ticket as long as her US passport says born in the Philippines and has a Philippine passport. 

 

When entering the Philippines if she wishes to stay more than one year then she should show both passports which would allow her to stay forever if she wishes to. 

 

As for you, have a copy of the balikbayan law with you, every year when we leave on Delta they refuse to give me a boarding pass until I show the the law which allows me a one year stay as long as I am with my US Citizen but former Filipino citizen wife.

 

 

Of course my reply is how it is supposed to be applied, the US carriers do not always apply common sense, well at least that is what I have found over and over each year. 

Edited by Lee
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Turbota

Thanks everyone for the info ... very helpful

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Headshot

Ron, when your wife leaves the US, she doesn't go through immigration, so I can only assume that you are talking about showing the passport at the ticketing counter. There, your wife should definitely present her Philippine passport (even if it is along with her US passport). That way she prevents all of the round trip BS. When YOU come to the Philippines, you should probably break your trip into two separate legs "US to Hong Kong" and "Hong Kong to Philippines" on separate itineraries. That way, you too will dodge the RT rule, and if you have your wife fly back to Hong Kong to meet you, you will be able to enter the Philippines on a BB stamp and save yourself all of the visa hassle for a year. It will be well worth the extra money you spend on the RT ticket to Hong Kong for your wife.

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NOSOCALPINOY

The question would then be, has Ron's wife reacquired dual citizen under RA 9225?

If she has, there's no issues using both her passports arriving and departing the Philippines. 

 

The wording under the two passport rule of thumb states: 

 

Section 4. Failure to present Proof of Philippine Citizenship

 
A Passenger using a foreign passport claiming to have retained of acquired his/ her Philippine citizenship under Republic Act. No. 9225 but fails to present any of the substantial proof of Philippine citizenship may be admitted or allowed to depart in accordance with existing and applicable rules and regulations.
 
Those existing and applicable rules and regulations were not mentioned here what they are and are probably covered in another article, which I haven't yet to looked into.  
 
There have been situations where a wife of an expat has just recently became a U.S. citizen and still has a valid RP, but have not yet reacquired Philippine citizenship under RA 9225.
So therefore, how would she be able prove her Philippine citizen under this Section 4 without an Identification Certificate aka an "IC" letter from the Philippine Consulate when she became a dual citizaen, which the subject here was explaining the Failure to present Proof of Philippine Citizenship? In other words, without her IC letter, she would not be entitled to use both her passports, except for her valid U.S. passport, which would only be stamped with the BB stamp and not the two letters "IC" stamped in both of her passport indicating that she is a dual citizen and has an indefinite stay if she so chooses to do so, where as for her foreign spouse has to leave before his/her BB stamp is about to expire, but one could request a visa extension to stay longer. 
I hope I've explained this topic to understand this March 25, 2014 - Bureau of Immigration Commissioner Siegfred B. Mison's Operations Order NO. SBM-2014-015,  
Edited by NOSOCALPINOY

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lopburi3

By law you must use your US passport for any travel to/from the United States.  You can use other passports for entry/exit of other countries but for US Citizen it must be US passport for USA.

 

http://answers.usa.gov/system/templates/selfservice/USAGov/#!portal/1012/article/3399/Dual-Citizenship

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NOSOCALPINOY

By law you must use your US passport for any travel to/from the United States.  You can use other passports for entry/exit of other countries but for US Citizen it must be US passport for USA.

 

http://answers.usa.gov/system/templates/selfservice/USAGov/#!portal/1012/article/3399/Dual-Citizenship

The article, the two passport rule of thumb, March 25, 2014 - Bureau of Immigration Commissioner Siegfred B. Mison's Operations Order NO. SBM-2014-015, is meant only for dual citizens arriving and departing the Philippines. 

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lopburi3

What I posted is for everyone, everywhere - if you are a US citizen you must use US passport for entry/exit of USA. 

 

For avoiding airline issues you would show other passport if asked about visa/rt ticket requirements - but you depart on US passport as Philippine passport would not have any entry information.

 

Edit:  Perhaps you misunderstand - this is entry/exit of the US that US passport is required - there is nothing to prevent leaving Philippines or another country on another passport.  OP was talking about travel to Philippines for someone in US having both passports.

Edited by lopburi3

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Salty Dog

I think the jest is a Filipino may still have a Philippines passport (not expired) after they become a US Citizen, but that doesn't mean they are still a Philippine citizen or that the Passport is even still valid.

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samatm

Headshot has it correct.   There is NO US exit emmigration and there is no passport clearance... Only the Airlines require proof of visa to or passport to the destination country.     I have often wondered and am surprised there isn't a line...but that is the price of a somewhat free society. 

 

 

IN our case  my wife and kids who are all dual nationals show the airlines their  PI passports to the tix agent.. and show their PI passports upon arrival .. and again show their PI passports upon leaving and pay the necessary departure tax..and then on arrival in the US  present their US passports.. ..  No harm no foul...no questions asked.  

Edited by samatm

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Lee

The problem I have with all this is the words in the law, I feel the dual citizenship route is just another way to bleed money from Filipinos who are still citizens in the first place as long as they renew their passports. The US does not require a person turn in their former passport although some countries do, so yes those former citizens would need the become citizens again but according the way I read the law below, a person does not lose their citizenship upon becoming a citizen of another country that does not require it. http://www.chicagopcg.com/dual-faq.html#dual9

 

Leaving the US all a person has to do is show their passport to the airlines, the airlines has no way of checking what citizenship a person holds, they only care about airline regulations. 

 

Now how is the Philippines to know if a person acquired dual citizenship, is the passport a different color? 

 

 

What is RA 9225?

Republic Act No. 9225 otherwise known as the “Citizenship Retention and Reacquisition Act of 2003” declares that natural-born citizens of the Philippines who become citizens of another country shall be deemed not to have lost their Philippine citizenship.

 
The law basically contradicts itself, which does not surprise me about the Philippines. 
 

 

I still have a valid Philippine passport, which I renewed before I got naturalized as a US citizen.  Now that I have reacquired my Philippine citizenship, can I still use this passport?

No you can not.   The moment you were naturalized as a US citizen, you have relinquished all your rights and privileges as a Philippine citizen, which includes the possession of a Philippine passport.  As such, your Philippine passport is no longer valid.   Now that you have reacquired your Philippine citizenship, you may now apply for a new Philippine passport

 

 

Edited by Lee
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NOSOCALPINOY

http://www.philippineembassy-usa.org/uploads/pdfs/passport.pdf

 

Here is the link above to download a Philippine passport application. It asks for the following:

 
Citizenship Acquired By:
□ Birth □ Election □ Marriage □ Naturalization □ R.A. 9225

 

Are you a holder of a foreign passport? □ Yes □ No   
If Yes, from what country?
 
Have you ever been issued a Philippine Passport? □ Yes □ No
If Yes, latest Passport Number?
Date of issue: Place of issue:
 
I SOLEMNLY SWEAR that) I am a Filipino citizen. 2) The information I provided in this application are true and
correct. 3) The supporting documents attached are authentic. 4) I am aware that under the law, I am allowed to hold only one
Philippine passport at any given time. 5) I am aware that making false statements in passport application, furnishing falsified or forged documents in support thereof are punishable by law.
 
Signature of Applicant

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