Can A Former Philippine Citizen, The Spouse And The Unmarried Minor Children Apply For An Immigrant Visa?

[Art2ro]

The portion in Green "so you have no protection under the U.S. Civil Rights or U.S. Constitution! Basically, you waived your U.S. rights, because you are on Philippine soil and are now a Filipino according to your Philippine passport" was only my personal opinion the way I read the meaning of if you swore an oath of an allegiance to the Republic of Philippines upon applying for dual citizenship, you are in all practical common sense, waiving your U.S. rights when you are on Philippine soil and the same goes, when you are on U.S. soil, you retain all of your U.S. rights again because you are again on American soil and your Philippine passport with their worthless and ambiguous local laws isn't worth "squat" in the United States of America! Pretty much common sense in my understanding and don't need any link or reference to refer it to! I've been a "common sense" type of person all of my entire adult life and I don't like to complicate things or whatever it is in my life in my past, today or tomorrow, period!!!!!!You know guys, when I get old and decrepit, can't get around anymore, that's the day when I'll apply for my "Dual Citizenship", because I won't have any reasons to leave the country anymore when I'm on my death bed waiting for the grim reaper to take me away to lala land! :thumbs-up-smile:

I believe in this case, the law goes against common sense. From all my reading, you are given full protection as a US citizen. You can pledge allegiance to the Philippines and other countries, that does not deny you citizenship and all the rights it provides. The Supremen court as the highest authority has already ruled on this. There are some safeguards recommended to ensure you enjoy this priviledge.The one area that you are right about, is that there is some risk. Both countries can change their laws. Even though the US Supreme court has ruled on this guaranteeing full citizenship protection under the law. They recently overturned a 100 year old ruling on the ability to control corporations speech. They could overturn this ruling some day. The other risk is for those who may choose to some day get into politics. Having clean US Citizenship is a way to prevent problems and avoid issues. Proof in point is what the current US president is going through.

OH WELL! MY "COMMON SENSE" HASN'T FAILED ME YET TO THIS DAY! WE'RE CONTENT WHERE WE ARE AT TODAY AND ENJOYING OUR RETIREMENT FOR THE PAST 12 YEARS NOW! I HAVE NO COMPLAINTS OR REGRETS! IT'S ALL SMOOTH SAILING FROM NOW! I JUST LIKE TO HELP OTHERS IN AVOIDING THE OBSTACLES OR PIT FALLS BEGINNERS ARE YET TO ENCOUNTER BY SHARING MY EXPERIENCES ON THIS FORUM! GOLD HEART, I SEE THAT YOU ARE DOING A GREAT SERVICE WITH ALL THE INFORMATION YOU HAVE BEEN SHARING ON THIS FORUM! KEEP IT UP! I WELCOME YOUR SINCERE, THOUGHTFUL AND INTELLIGENT COMMENTS AND FEED BACKS! :SugarwareZ-037:

[UZI]

The portion in Green "so you have no protection under the U.S. Civil Rights or U.S. Constitution! Basically, you waived your U.S. rights, because you are on Philippine soil and are now a Filipino according to your Philippine passport" was only my personal opinion the way I read the meaning of if you swore an oath of an allegiance to the Republic of Philippines upon applying for dual citizenship, you are in all practical common sense, waiving your U.S. rights when you are on Philippine soil and the same goes, when you are on U.S. soil, you retain all of your U.S. rights again because you are again on American soil and your Philippine passport with their worthless and ambiguous local laws isn't worth "squat" in the United States of America! Pretty much common sense in my understanding and don't need any link or reference to refer it to! I've been a "common sense" type of person all of my entire adult life and I don't like to complicate things or whatever it is in my life in my past, today or tomorrow, period!!!!!!You know guys, when I get old and decrepit, can't get around anymore, that's the day when I'll apply for my "Dual Citizenship", because I won't have any reasons to leave the country anymore when I'm on my death bed waiting for the grim reaper to take me away to lala land!

Both countries can change their laws.

A good point. What would happen if, following the election here, the law was changed to:1. Cancel the Balikbayan Privilege (all visitors get 21 days - this could easily happen as it has served its intended purpose)2. Did in fact stop the 'Dual Citizenship' & forced FilAms to chose the RP or US.Then what would those that come here as US citizens, then use the Balikbayan for a free 12 month stay, then switch to tourists extending by 59 day do? Sounds like the RP would be as hard to be a resident as America, Australia or Europe. I find that the RP is THE most open & accommodating country when it come to immigration. Ain't this easy to get to live in other countries.As Art said:

HEY! THIS IS THE PHILIPPINES! WHAT DO YOU EXPECT? BUT MORE IMMIGRATION BUREAUCRATIC RED TAPE!!!!!!!

I guess it could be a case of be careful what you wish for.

[Mik]

so you have no protection under the U.S. Civil Rights or U.S. Constitution

I haven't been back to the US in a while, but I've been reading that the US Constitution is basically dead and civil rights have been downgraded to privileges regulated by the whim of government. .

[stef]

this is what the U S of A will do for you . sweet F AWashington -- US Secretary of State Hillary Clinton said Wednesday "there are no negotiations taking place" between Washington and Iran on the idea of exchanging three US hikers held in Iran for Iranians being held in the US.The idea was floated by Iranian President Mahmoud Ahmadinejad in a television interview, but Clinton said: "It is hard to know what the Iranian president meant" by his remark.The three Americans -- Shane Bauer, Sarah Shourd, and Josh Fattal -- were detained on July 31 when, according to their families, they accidentally strayed across an unmarked border into Iran while on a hiking trip. They are being held on espionage charges."As we have said repeatedly, we call on Iran to release all of the American citizens that they have currently detained," Clinton said. "We believe they're being unjustly detained and that they should be released without further delay. We also are very committed ... to making it clear to the Iranians that they should do so on humanitarian grounds since the detention of our citizens is baseless."In his televised interview, the Iranian president also said he could accept an international proposal to ship most of Iran's low-enriched uranium out of the country for enrichment.Clinton, however, said Ahmadinejad should make his proposal official: "The IAEA (International Atomic Energy Agency) made a good-faith offer. Iran initially accepted it but has not followed through ... The deal is still on the table."If Iran wishes to accept it, we look forward to hearing about it from the IAEA because that's the appropriate venue for them to file an official response," Clinton said.The U.S. is lobbying for tougher international sanctions on Iran for its nuclear program. Clinton said Washington "has worked with our partners in the Gulf and through the UN with other countries to offer Iran a clear choice between isolation and meeting its international obligations."Iran's response to our efforts has been inadequate and we have begun considering further appropriate measures that might convince Iran to reconsider its nuclear program and engage with the international community," Clinton said

[stef]

you waive your U.S. rights when you are under the Philippine Constitution and their local lawsthe above stated by art hits the nail on the head when in a foreign country you must follow the local laws and it does not matter which country you come from or your citizenship .the saying goes when in Rome if you chose is break the laws here the best you would get from your home country is a list of lawyers who could speak your language.

[Gold Heart]

you waive your U.S. rights when you are under the Philippine Constitution and their local lawsthe above stated by art hits the nail on the head when in a foreign country you must follow the local laws and it does not matter which country you come from or your citizenship .the saying goes when in Rome if you chose is break the laws here the best you would get from your home country is a list of lawyers who could speak your language.

Stef, I totally agree. The only thing that I was working to resolve is whether there is any loss when you are a dual. The advantages of dual are direct - free entry and exit, voting rights, etc. The disadvantages I've found are if you intend to run for office or gain security clearance in a US job, along with the risk that something might change.I think what some have pointed out is the risk is not unique to dual, all visa forms 13G, 13A, Balibyan, etc all have risks.What I have found is your conclusions is the same regarless of visa, immigration status, dual or otherwise. When in Rome applies to universally to all.

[stef]

The disadvantages I've found are if you intend to run for office or gain security clearance in a US job, along with the risk that something might changehere a question is the terminator a dual citizen ?if not he must of given up he's foreign citizenship ( sorry cann't remember where he is from) so if you what to run for office or get security clearance for the US/UK cann't you just give up your Philippine citizenship?

[Gold Heart]

The disadvantages I've found are if you intend to run for office or gain security clearance in a US job, along with the risk that something might changehere a question is the terminator a dual citizen ?if not he must of given up he's foreign citizenship ( sorry cann't remember where he is from) so if you what to run for office or get security clearance for the US/UK cann't you just give up your Philippine citizenship?

It is not a question of having to renounce to qualify. There are no specific qualifications involved. Both of these are subjective assessments. An outside adviser suggested you may very possibly find that actively acquiring or retaining a foreign citizenship may cause you to be refused clearance (or may cause a clearance you already have to be revoked). I've been interviewed by FBI, CSI for others seeking to obtain US security clearance. It is a subjective evaluation in which they look for any factors, ex-wife, spouse, mistress, drugs, drinking, any activity of any kind that might suggest you would comprimise security. One example is being black mailed by any of these kind of activities to violate security. Clearly swearing allegiance to another country would be judged negatively.It is suggested that if you are running for office, Your opponent might use your status for his/her own political gain -- questioning your loyalty to your country and your suitability for office -- and any efforts on your part to explain or justify your situation are likely to fall on deaf ears. In the US there has been recent efforts to call political candidates un-American or not a qualified American.In this thread you see that it is very common to believe (although not true) that by swearing allegiance to another country you are rejecting, disassociating or waiving your home country and rights.

[UZI]

The disadvantages I've found are if you intend to run for office or gain security clearance in a US job, along with the risk that something might changehere a question is the terminator a dual citizen ?if not he must of given up he's foreign citizenship ( sorry cann't remember where he is from) so if you what to run for office or get security clearance for the US/UK cann't you just give up your Philippine citizenship?

It is not a question of having to renounce to qualify. There are no specific qualifications involved. Both of these are subjective assessments. An outside adviser suggested you may very possibly find that actively acquiring or retaining a foreign citizenship may cause you to be refused clearance (or may cause a clearance you already have to be revoked). I've been interviewed by FBI, CSI for others seeking to obtain US security clearance. It is a subjective evaluation in which they look for any factors, ex-wife, spouse, mistress, drugs, drinking, any activity of any kind that might suggest you would comprimise security. One example is being black mailed by any of these kind of activities to violate security. Clearly swearing allegiance to another country would be judged negatively.It is suggested that if you are running for office, Your opponent might use your status for his/her own political gain -- questioning your loyalty to your country and your suitability for office -- and any efforts on your part to explain or justify your situation are likely to fall on deaf ears. In the US there has been recent efforts to call political candidates un-American or not a qualified American.In this thread you see that it is very common to believe (although not true) that by swearing allegiance to another country you are rejecting, disassociating or waiving your home country and rights.

....................and as the vast majority are here as retired, it would be highly unlikely that they would be looking at this stage in their lives to run for public office back home given that they have chosen to live here.So again i ask, are there any real CONS to dual Citizenship? The majority view 'appears' to say no for all practicable reasons.VERY interesting discussion though.

[Art2ro]

The disadvantages I've found are if you intend to run for office or gain security clearance in a US job, along with the risk that something might changehere a question is the terminator a dual citizen ?if not he must of given up he's foreign citizenship ( sorry cann't remember where he is from) so if you what to run for office or get security clearance for the US/UK cann't you just give up your Philippine citizenship?

It is not a question of having to renounce to qualify. There are no specific qualifications involved. Both of these are subjective assessments. An outside adviser suggested you may very possibly find that actively acquiring or retaining a foreign citizenship may cause you to be refused clearance (or may cause a clearance you already have to be revoked). I've been interviewed by FBI, CSI for others seeking to obtain US security clearance. It is a subjective evaluation in which they look for any factors, ex-wife, spouse, mistress, drugs, drinking, any activity of any kind that might suggest you would comprimise security. One example is being black mailed by any of these kind of activities to violate security. Clearly swearing allegiance to another country would be judged negatively.It is suggested that if you are running for office, Your opponent might use your status for his/her own political gain -- questioning your loyalty to your country and your suitability for office -- and any efforts on your part to explain or justify your situation are likely to fall on deaf ears. In the US there has been recent efforts to call political candidates un-American or not a qualified American.In this thread you see that it is very common to believe (although not true) that by swearing allegiance to another country you are rejecting, disassociating or waiving your home country and rights.

....................and as the vast majority are here as retired, it would be highly unlikely that they would be looking at this stage in their lives to run for public office back home given that they have chosen to live here.So again i ask, are there any real CONS to dual Citizenship? The majority view 'appears' to say no for all practicable reasons.VERY interesting discussion though.

This subject matter was not about a consensus? It has already been established that there are a few disadvantages (CONS) in re-acquiring Philippine citizenship, period! It's just that, the PROS out numbered the CONS! This topic was a discussion about finding the facts in order to understand what's good or bad about RA 9225 and not to formulate a consensus or ponder about probable "what ifs", because we're only concerned about the present in this point in time! Now we all know, that RA9225 isn't all that bad depending on ones need to re-acquire Philippine citizenship and what affects it might have if any, which there are only a few as stated in previous conservations. I think this topic is pretty much dead for now in my opinion, but it's still a good source of important information for others to read if they are interested in re-acquiring their Philippine citizenship! Anyway, if you do a Google search under "Advantages and Disadvantages of Dual Citizenship", it's all there too for all to read and then some under the U.S. Department of State! If you go to the Philippine Government websites like www.gov.com.ph, they hardly mention anything negative about their own programs, pending bills or Republic Acts! A little strange in my book! :thumbs-up-smile: Edited February 5, 2010 by Art & Jho