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

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Salty Dog
It uses the term  "retained or re-acquired", but only really addresses how to re-acquire.

 

​How does a person retain their Philippines citizenship?

Edited by Salty Dog

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Lee

 

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

 

IMO it just proves my point, once a Philippine citizen always a Philippine citizen. 

So one would be Birth

two would be yes

three would be yes

and no where does it say that you lose your citizenship if becoming a citizen of another country except on that consulate website I posted above. 

 

The Philippines has no way of knowing one of their citizens is a citizen of another country other than passport stamps. 

 

If the first part quoted in my post above is true then they are not lying. 

 

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.

I feel the other parts are for those who lose their citizenship in other countries that require people to lose citizenship upon becoming a citizen of that country, whereas the US does not, so I feel the above quoted part of RA 9225 applies to anyone who does not turn in their passport and renounce their citizenship. 

Edited by Lee

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NOSOCALPINOY

It uses the term  "retained or re-acquired", but only really addresses how to re-acquire.

​How does a person retain their Philippines citizenship?

 

Two ways after a former Philippine citizen has been naturalized as a U.S. citizen and has obtained a U.S. passport:
 
1. Under RA 9225
2. Recognition as a Philippine citizen
Just do a Google search of both for more details

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Salty Dog

 

Two ways after a former Philippine citizen has been naturalized as a U.S. citizen and has obtained a U.S. passport:
 
1. Under RA 9225
2. Recognition as a Philippine citizen
Just do a Google search of both for more details

 

 

If a person retrains (never lost it in the first place) their Philippines citizenship , they wouldn't be a former (used to be, but is no longer) Philippines citizen. 

Edited by Salty Dog

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NOSOCALPINOY

I feel the other parts are for those who lose their citizenship in other countries that require people to lose citizenship upon becoming a citizen of that country, whereas the US does not, so I feel the above quoted part of RA 9225 applies to anyone who does not turn in their passport and renounce their citizenship. 

I know that immigration has a contradiction concerning if a Former Filipino citizen has lost their citizenship or not, but the point of my OP in accordance with the March 25, 2014 - Bureau of Immigration Commissioner Siegfred B. Mison's Operations Order NO. SBM-2014-015, simply says, if a former Filipino citizen has been naturalized as a U.S. citizen and has obtained a U.S. passport, he/she has to apply for dual citizenship under RA9225 to be recognized as a Filipino citizen again and has to apply for a new Philippine passport in order to legally use both passports arriving and departing the Philippines. The "IC" letter is their only proof that they have reacquired their Philippine citizenship under RA9225 and it asks for it on the Philippine passport application. 
Refer to Section 4 of the Operations Order - Failure to show proof of Philippine citizenship, but it doesn't mention what the ramifications are if one is not legally a dual citizen under RA9225 and is disvovered to be using both his/her passports illegally against the rules and guidelines under the Commissioner Siegfred B. Mison's Operations Order NO. SBM-2014-015
 
I've only presented the facts with links. It's just up to whomever reads them to interrupt the facts as they have read it for themselves.  

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Lee

 

I know that immigration has a contradiction concerning if a Former Filipino citizen has lost their citizenship or not, 

 

My friend, I am not arguing your points but the words say former Filipino citizen, so if a person never considered that they gave up their citizenship, insisted on retaining their citizenship when they became a citizen of another country that does not mandate giving it up, then IMO and based on the quoted in my post above, I feel they are still citizens of the Philippines and the form is just another way for the Philippines to bleed more money from those of us they consider rich.

 

I guess one day there will be a test case but in the mean time I feel there is no way for the Philippines to even know unless a person tells them or unless the dual citizen passport is different from the regular passport and even then, once entering the Philippine showing the Philippine passport with intent to stay, then that should take care of it. 

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Salty Dog

Why would anyone want to enter under a Philippines Passport if they are just visiting?

 

They would have to pay the stupid travel tax when they leave, whereas if they use their US Passport, they get a BB stamp, so no immigration Visa BS and no travel tax when departing.

 

What is the advantage of using their Philippines Passport?

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NOSOCALPINOY

My friend, I am not arguing your points but the words say former Filipino citizen, so if a person never considered that they gave up their citizenship, insisted on retaining their citizenship when they became a citizen of another country that does not mandate giving it up, then IMO and based on the quoted in my post above, I feel they are still citizens of the Philippines and the form is just another way for the Philippines to bleed more money from those of us they consider rich.

I guess one day there will be a test case but in the mean time I feel there is no way for the Philippines to even know unless a person tells them or unless the dual citizen passport is different from the regular passport and even then, once entering the Philippine showing the Philippine passport with intent to stay, then that should take care of it. 

IMHO, I believe what you are explaining has been over ruled or contradicted by this March 25, 2014 - Bureau of Immigration Commissioner Siegfred B. Mison's Operations Order NO. SBM-2014-015. 

I'm sure the airport BI officials will be informed and knowledgeable of this Operations Order NO. SBM-2014-015 and will be enforcing it eventually, because if they do not, the Philippines will be loosing revenue and you all know it's all about money with the Philippine Government!

I just wouldn't want to be the one to get caught in trying to circumvent their immigration laws, rules and regulations! :idontknow:   

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NOSOCALPINOY

Why would anyone want to enter under a Philippines Passport if they are just visiting?

They would have to pay the stupid travel tax when they leave, whereas if they use their US Passport, they get a BB stamp, so no immigration Visa BS and no travel tax when departing.

What is the advantage of using their Philippines Passport?

That's why a former Filipino citizen who has been naturalized as a U.S. citizen and has a U.S. passport should not apply for dual citizenship if one is not going to stay or retire in the Philippines for the long haul! 

The BB stamp should suffice when just visiting the Philippines avoiding all the visa BS and RP travel tax! 

Edited by NOSOCALPINOY

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mactanfamily

 

 

have a copy of the balikbayan law with you

 

Anyone happen to have a scan?

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mactanfamily

Thanks, ill keep that one handy.

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Lee

Here is another one in case the other does not work.

 

 

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NOSOCALPINOY

Lee,

It has been awhile since I read this Balikbayan Program RA6768 and from reading your links to each one, I find it odd that none of the version of this BB Program are alike, because I've noticed some of the wording has been added and other versions some of the wording are missing! The only paragraphs I find not consistent are the examples below concerning the additional visa extension when one's 1 year BB stamp is about to expire.

 

I didn't know one can stay beyond 36 months!

 

The other version below from the Paris Information Sheet says:

only an additional extension of one year! 

 

At the present I am on my last 4th 6 month visa extension of 24 months, when my BB stamp expired 2 yrs ago making my total stay of 36 months come this Feb 2015! 

 

Here's 2 examples below what wasn't on there before and or worded different:

 

 
3. What are the privileges of a Balikbayan?
Those who are admitted as Balikbayans are given an initial stay of one (1) year. They may extend their stay for another one (1), two (2) or six (6) months provided that they present their valid passport and filled out the visa extension form and submit it to the Visa Extension Section in the BI Main Office or any BI Offices nationwide. An additional requirement will be ask for Balikbayans who have stayed in the Philippines after thirty six (36) months.
 
EMBASSY OF THE PHILIPPINES Consular Section Paris
BALIKBAYAN PROGRAM INFORMATION SHEET
If a balikbayan has used his/her privilege and stayed in the Philippines for one year, he/she may apply for an extension of stay for multiples of two months up to one additional year by paying the appropriate fees at the nearest Bureau of Immigration office.
 
It used to read:
 •  Correspondingly, all Balikbayans 14 years and below and 60 years of age shall be allowed to extend their temporary visitor visa under Section 9a of the Philippine Immigration Act of 1940 as amended, for a maximum period of 6 months for every extension PROVIDED that all appropriate fees are paid. Thus, Balikbayans are allowed a maximum total stay of 2 years inclusive of all extensions. (MEMORANDUM ORDER NO. ADD – 02 – 011 dated 11 February 2002).
 
Here are two other links that this portion is not even mentioned what it used to read! 
 
 
Edited by NOSOCALPINOY

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SkyMan

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.

This is correct.  Anyone with a US passport is legally required to show it for entry to/exit from the US regardless of whatever other passports you may hold.  As for arriving in the RP I would have her use the RP passport only. Any info about other passports falls in the category of Nunya.

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