Question:

Us Citizenship: OVERSTAYING???

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i have this friend here, he was born in the US but moved back to the philippines while he was still a baby. it's been 20 yrs since he did that but he hasn't reported his US citizenship to the embassy. what are the penalties to retain his US citizenship

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  1. he does not need to report his US citizenship, if he is born in the US? he is an US citizen,unless he renounced to his citizenship.....which i doubt it, he would know it......

    there are no penalties to retain your birth citizenship........but? he needs to find his birth certificate, from the city/state he was born into......

    parents birth certificate as well.........date of birth, and details pertaining to birth.

    or? he can contact the US embassy in the Philippines, to start, but? he needs to ID himself first and register with the consular services, within the consular services,

    for his birth certificate? i hope he still has one? or even an expired passport? he had to have one to travel....to the Philippines.

    come back to this question,if you have more comments? add them with the little pencil under the question, by clicking on it /add...........

    here is the Embassy of the US in the Philippines,

    http://manila.usembassy.gov/wwwh3004.htm...

    # American Citizen Services # check the link under the title,

    i will check back with your question.......


  2. If he has never renounced his American citizenship, he is still an American citizen. The Philippines used to be extremely strict with dual nationality and it used to be that only people who inherited 2 nationalities were allowed to be dual citizens in the Philippines. Since your friend inherited American citizenship and did not naturalize, he is still both a Philippine and American citizen. Your friend can go to the local US embassy/consulate with his birth certificate and apply for his passport there. He may face some minor problems due to his absence from the US but these will pose no problem.

  3. If he never renounced his US citizenship then he is still a citizen.  He needs documentation to prove it, such as a certified copy of his birth certificate.

  4. If he was born in the US, he is a citizen unless he renounces it.  All he needs is to attach his birth certificate when he applies for a passport at the embassy in Manila. He owes you dinner as a penalty for letting someone else ask for him.**

  5. Like what was said above, he's still a citizen.

    Losing your citizenship

    For a natural-born citizen, losing your citizenship is actually quite difficult. The law prohibits the taking of your citizenship against your will, but there are certain actions a citizen can take which are assumed to be a free-will decision that constitutes a voluntary renunciation of the citizenship.

    Moving to another country for an extended period of time does not constitute an act that presumes renunciation. Neither does taking a routine-level job with a foreign government. This stand is quite different from U.S. policy of the past, where even being naturalized in another nation could be seen as renunciation. The sections of the law that pertained to losing ones nationality for many of these cases was found at 8 USC 1482 and related sections.

    The U.S. Code does, however, see some acts as creating the possibility of a loss of nationality. When you lose your U.S. nationality, you are no longer under the protection or jurisdiction of the United States. When the United States considers you to no longer be of U.S. nationality, it in effect considers you to no longer be a citizen. Note that these are things you can do that may force you to lose your citizenship. The law also says that these acts must be voluntary and with the intent of losing U.S. citizenship. The ways to lose citizenship are detailed in 8 USC 1481:

    http://www.usconstitution.net/consttop_c...

    Becoming naturalized in another country

    Swearing an oath of allegiance to another country

    Serving in the armed forces of a nation at war with the U.S., or if you are an officer in that force

    Working for the government of another nation if doing so requires that you become naturalized or that you swear an oath of allegiance

    Formally renouncing citizenship at a U.S. consular office

    Formally renouncing citizenship to the U.S. Attorney General

    By being convicted of committing treason

    He might be paying backtaxes though for living in the Philippines, unless his parents paid that every year since they've been there.

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