Balikbayan problem

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Mike J
Posted
Posted
8 hours ago, JJReyes said:

This dual status is recognized under Philippine law, but not the US law.

Your statement is correct, but potentially misleading to forum members and readers wanting info on dual citizenship.  The US does not have a law that "recognizes" dual citizenship because a law is not required, it is just "recognized" as being a reality. Red highlight added.

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/Advice-about-Possible-Loss-of-US-Nationality-Dual-Nationality/Dual-Nationality.html

Dual Nationality
Section 101(a)(22) of the Immigration and Nationality Act (INA) states that “the term ‘national of the United States’ means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.” Therefore, U.S. citizens are also U.S. nationals. Non-citizen nationality status refers only individuals who were born either in American Samoa or on Swains Island to parents who are not citizens of the United States. The concept of dual nationality means that a person is a national of two countries at the same time. Each country has its own nationality laws based on its own policy. Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. national parents may be both a U.S. national and a national of the country of birth. Or, an individual having one nationality at birth may naturalize at a later date in another country and become a dual national. 

U.S. law does not mention dual nationality or require a person to choose one nationality or another. A U.S. citizen may naturalize in a foreign state without any risk to his or her U.S. citizenship. However, persons who acquire a foreign nationality after age 18 by applying for it may relinquish their U.S. nationality if they wish to do so. In order to relinquish U.S. nationality by virtue of naturalization as a citizen of a foreign state, the law requires that the person must apply for the foreign nationality voluntarily and with the intention to relinquish U.S. nationality. Intent may be shown by the person’s statements and conduct.

Dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries, and either country has the right to enforce its laws. It is important to note the problems attendant to dual nationality. Claims of other countries upon U.S. dual-nationals often place them in situations where their obligations to one country are in conflict with the laws of the other. In addition, their dual nationality may hamper efforts of the U.S. Government to provide consular protection to them when they are abroad, especially when they are in the country of their second nationality.

U.S. nationals, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport to travel to or from a country other than the United States is not inconsistent with U.S. law. 

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graham59
Posted
Posted

As I posted in another thread today, my Balikbayan was ending on June 25th, so a week before that, I went along to my local BI office in Dagupan and applied for a 2 month (tourist...because that's what I'm now classed as) extension of stay. No problem. People do it all the time.  It would have been nice to have a weekend in Honkers with the Mrs again, but no way, with no flights. .

Anyway, the process only took about 45 mins (I went prepared, with the correct required Xeroxes, photos... for ACR1 card, etc)).

My stay was extended to August 25th.  Total cost around p7,600 ...off the top of my head...including ACR card cost, plus 3 x express fees, or whatever they call that ripoff. 

I will also apply for my 13A visa, at some point during the next few months, but you still need a 'normal'  visa while waiting for that to be processed. 

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carbpow
Posted
Posted

My ACR visitor card ran out May 3 during ECQ when immigration was shut down. I went to their office and they said they would renew mine without penalty once they opened. So..I went last week and renewed but they wouldn't renew but for one month. They said when I come back the last of July they may renew for 60 days which in my experience is the maximum this immigration office will renew. Meanwhile I resume work on my SRRV which I began working on before ECQ. Had to resubmit fingerprints to NBI this week because they said they got smeared while waiting in Manila for 2 months during ECQ. I found that interesting.That cost another 1500 peso in cash to the NBI agent for him to forward the new fingerprint card on to Manila. Now the problem is finding a PRA approved bank that knows how to open an SRRV account. It is an adventure living here !

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Jollygoodfellow
Posted
Posted
2 hours ago, carbpow said:

Now the problem is finding a PRA approved bank that knows how to open an SRRV account. It is an adventure living here !

Don't you have like a caseworker or agent to help you through the process? 

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Tommy T.
Posted
Posted
8 hours ago, carbpow said:

Now the problem is finding a PRA approved bank that knows how to open an SRRV account.

I got my SRRV last year here in Davao.

They gave me a list of approved banks for the deposit. Fortunately my current bank (PNB) was on the list. However, the staff at the branch had no clue about how to deal with this. But the guy who helped me before contacted the home branch in Makati and they were able to sort things out very quickly and efficiently. I have nothing but good to say about PNB here in Davao.

There was no need for case worker or other outside helper because the PRA office here was (and still is) very responsive and helpful. I hope that is true elsewhere...

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sonjack2847
Posted
Posted
On 7/2/2020 at 6:24 AM, Dave Hounddriver said:

 

Its been tried many times JJ.  But if you can find a case where the BB is actually extended NOT as a tourist then we will believe you.  Keyboard searching cuts no ice with BI.

My experience with different BI offices tells me that they make their own interpretations of how things are done. It is better if he goes to a BI near him or get an agent to do it. If you go ahead with the 13a make sure you have a valid visa or pay a fine. Good luck.

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carbpow
Posted
Posted
10 hours ago, Tommy T. said:

I got my SRRV last year here in Davao.

They gave me a list of approved banks for the deposit. Fortunately my current bank (PNB) was on the list. However, the staff at the branch had no clue about how to deal with this. But the guy who helped me before contacted the home branch in Makati and they were able to sort things out very quickly and efficiently. I have nothing but good to say about PNB here in Davao.

There was no need for case worker or other outside helper because the PRA office here was (and still is) very responsive and helpful. I hope that is true elsewhere...

I contacted PNB here today. They were helpful and told me the requirements over the phone. The PRA will be sending a LOI for me to take Monday when I go there. Progress !

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  • 2 weeks later...
RobH
Posted
Posted

Just as an aside, My wife contacted the accredited agent in Angeles, they wanted 3500 PHP and another 3500 at the end of getting a 13A, we will try another agent to see if this is the normal fee or just a long nose tax.

Defiantly not paying that. I have mobility problems so I don't want to have to keep traveling up and down more than I have to.

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RobH
Posted
Posted

Sorry missed a zero out should read 35000 PHP. you mist excuse my incompetence, my excuse I am getting old.

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GeoffH
Posted
Posted
33 minutes ago, RobH said:

Sorry missed a zero out should read 35000 PHP. you mist excuse my incompetence, my excuse I am getting old.

Ouch... I'd happily pay 3500 x 2 but 10 times that is expensive.

Don't blame you for looking for a second quote.

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