I am a Naturalized American Citizen so is my wife and presently living in the Philippines studying.?

Question

Our kids are with us and we've been here 2 years ago. We have not left the country ever since we got here. The Immigration gave us 1 year of stay here but I asked a few lawyers and they said it is not a problem since we are still Filipinos. Are my kids Filipinos under the immigration law? Are they here legally? What can we do to resolve these matters if ever my kids are here illegally?

Answer 1

The Philippines does not recognize dual citizenship (the US does), so you are probably considered Philippine citizens while you are there.  Your children are probably also considered citizens, since they acquired citizenship automatically when they were born to you and your wife, regardless of where they were born.  It might be useful to request Philippine passports for them, which will not affect their US citizenship.  By 21, though, under Philippine law your children must choose which citizenship they want to keep.  (Whatever they officially choose, they will not lose their US citizenship.)

Answer 2

RA 9225 does not apply to dual citizens, ie, those who have both Philippine citizenship as well as foreign citizenship not acquired through naturalisation.

A child born of parents who are both Filipino citizens (at the time of birth) in a country that adheres to the jus soli principle (eg, the United States) is a dual citizen. The child, who is a natural-born Filipino because the Philippines adheres to the jus sanginis principle, is also entitled to apply for a US passport.

Jus soli (right of soil) is the legal principle that a person's nationality at birth is determined by the place of birth (ie, the territory of a given state).

Jus sanguinis (right of blood) is the legal principle that, at birth, an individual acquires the nationality of his/her natural parent/s.

A chld born of one parent who is a Filipino citizen (at the time of birth) and of one foreign parent (eg, Australian) whose country adheres to the jus sanguinis principle is a dual citizen and is entitled to apply for both Philippine and Australian passports.

A child born of one parent who is a Filipino citizen (at the time of birth) and of one foreign parent (eg, Australian) whose country adheres to the jus sanguinis principle in a country that adheres to the jus soli principle (eg, US) would be entitled to apply for Philippine, Australian and US passports.

If you want to know more about dual citizenships... just follow the link of my source.