Jump to content

Nso Matters, Dfa Matters, Citizenship, Travel, Passports Etc


kittytigerpanther

Recommended Posts

I am a US Citizen (pinoy ako, born here PI was naturalized in USA).

 

My gf (not married) and I had a baby boy recently here in PI. He took my last name and I signed the birth certificate that I am the father.

 

What do I need to do if I want to get my son a US Passport? Would like to take him to states to visit family in the future. Thanks in advance to anyone who can assist.

Link to comment
I am a US Citizen (pinoy ako, born here PI was naturalized in USA).

 

My gf (not married) and I had a baby boy recently here in PI. He took my last name and I signed the birth certificate that I am the father.

 

What do I need to do if I want to get my son a US Passport? Would like to take him to states to visit family in the future. Thanks in advance to anyone who can assist.

 

A child born outside of the United States to an U.S. Citizen father where there is no marriage to the non-American mother is entitled to U.S. Citizenship providing the American citizen father had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after he reached the age of fourteen. This period of physical presence must have taken place prior to the birth of the child; and

 

* the alien mother completes an "Affidavit to establish paternity of child" at the US Consular Affairs Office before a consular officer; and

 

* the father signs a sworn statement agreeing to provide financial support for the child until s/he reaches the age of 18 years; and

* the father provides a written statement acknowledging paternity; or

 

 

* the child is legitimated under local law (in the Philippines legitimization takes place when the parents marry, and that at the time of the conception of the child there was no impediment to the father and mother marrying each other); or

 

 

* paternity is established by a competent court before the child attains the age of 18 years;

 

Note that:

 

1. the blood relationship between the child and the alleged father must be established by clear and convincing evidence (this will probably require DNA testing from a medical laboratory accredited and accepted by the US Embassy); and

 

2. you will have to prove that you are a US citizen at the time of your son's birth

 

It will be necessary for you to appear in person at the consular affairs office in order to execute an application for a "Consular Report of Birth Abroad" before a consular officer. At that time, a passport application may also be executed.

Link to comment

Thank you very much sir for your detailed and very informative response. It is greatly appreciated. I believe with the requirements below it should be no problem moving forward. I can begin the research process in more depth now and hopefully get this taken care of. Would I start by going to US Embassy?

 

Maraming Salamat Po!

 

 

 

A child born outside of the United States to an U.S. Citizen father where there is no marriage to the non-American mother is entitled to U.S. Citizenship providing the American citizen father had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after he reached the age of fourteen. This period of physical presence must have taken place prior to the birth of the child; and

 

* the alien mother completes an "Affidavit to establish paternity of child" at the US Consular Affairs Office before a consular officer; and

 

* the father signs a sworn statement agreeing to provide financial support for the child until s/he reaches the age of 18 years; and

* the father provides a written statement acknowledging paternity; or

 

 

* the child is legitimated under local law (in the Philippines legitimization takes place when the parents marry, and that at the time of the conception of the child there was no impediment to the father and mother marrying each other); or

 

 

* paternity is established by a competent court before the child attains the age of 18 years;

 

Note that:

 

1. the blood relationship between the child and the alleged father must be established by clear and convincing evidence (this will probably require DNA testing from a medical laboratory accredited and accepted by the US Embassy); and

 

2. you will have to prove that you are a US citizen at the time of your son's birth

 

It will be necessary for you to appear in person at the consular affairs office in order to execute an application for a "Consular Report of Birth Abroad" before a consular officer. At that time, a passport application may also be executed.

Link to comment
Thank you very much sir for your detailed and very informative response. It is greatly appreciated. I believe with the requirements below it should be no problem moving forward. I can begin the research process in more depth now and hopefully get this taken care of. Would I start by going to US Embassy?

 

Maraming Salamat Po!

 

Would I start by going to US Embassy?

 

Looks like it. Sila ang nakakaalam ng proseso na yan kaya dun ka dapat magsimula. Baka pwede ring tumawag ka na lang, par di ka na mahirapan, tutal US citizen ka naman.

Link to comment

gud day po sa inyong lahat... may problema po ako sa birth certificate ko, ung dad ko po e isang american citizen, he had his papers fixed 1968 (us naturalization) i was born 1976 but ang nailagay sa citizenship ng father ko is filipino (dun sa birth certificate) , pano po mapapalitan yun? thank you po. sana yung pinaka practical ang mabilis na process po, thank you in advance

Link to comment
gud day po sa inyong lahat... may problema po ako sa birth certificate ko, ung dad ko po e isang american citizen, he had his papers fixed 1968 (us naturalization) i was born 1976 but ang nailagay sa citizenship ng father ko is filipino (dun sa birth certificate), pano po mapapalitan yun? thank you po. sana yung pinaka practical ang mabilis na process po, thank you in advance

 

Ayon sa RA 9048, kung typographical error lamang sa birth certificate, pwede kang mag-apply na baguhin ito sa Civil Registrar lamang.

 

Ang problema, sa kaso mo, mahihirapan tayong i-justify na "typographical error" lamang ang pagkakalagay ng Filipino sa citizenship ng tatay mo sa birth certificate mo.

 

Ayon pa rin sa RA 9048, di pwedeng idaan lamang sa petition sa Civil Registrar kung ang mali ay tungkol sa kasarian, edad, nasyunalidad, o katayuan (status). Maaari nating ikatwiran na ang mga sinasabing mali ay dapat tumutukoy lamang sa aplikante (sa madaling salita, ang mali ay dapat maling kasarian, edad, nasyunalidad, o katayuan ng aplikante), at dahil sa kaso mo naman, ang maling nasyunalidad ay hindi ang nasyunalidad mo kundi ang sa iyong ama kaya pwede pa rin ang RA 9048. Kaya lang, masyadong mabigat na pagbabago ang paglipat ng nasyunalidad ng ama mo mula "Filipino" patungo sa "Amerikano," kaya sa tingin ko di ka nasasaklaw ng RA 9048. Kakailanganin mong maghain ng petition sa korte para ipabago yang birth certificate mo. Sumangguni ka sa abugado (pumunta sa Public Attorney's Office o sa pinakamalapit na opisina ng Integrated Bar of the Philippines), para matulungan ka agad.

Link to comment
Ayon sa RA 9048, kung typographical error lamang sa birth certificate, pwede kang mag-apply na baguhin ito sa Civil Registrar lamang.

 

Ang problema, sa kaso mo, mahihirapan tayong i-justify na "typographical error" lamang ang pagkakalagay ng Filipino sa citizenship ng tatay mo sa birth certificate mo.

 

Ayon pa rin sa RA 9048, di pwedeng idaan lamang sa petition sa Civil Registrar kung ang mali ay tungkol sa kasarian, edad, nasyunalidad, o katayuan (status). Maaari nating ikatwiran na ang mga sinasabing mali ay dapat tumutukoy lamang sa aplikante (sa madaling salita, ang mali ay dapat maling kasarian, edad, nasyunalidad, o katayuan ng aplikante), at dahil sa kaso mo naman, ang maling nasyunalidad ay hindi ang nasyunalidad mo kundi ang sa iyong ama kaya pwede pa rin ang RA 9048. Kaya lang, masyadong mabigat na pagbabago ang paglipat ng nasyunalidad ng ama mo mula "Filipino" patungo sa "Amerikano," kaya sa tingin ko di ka nasasaklaw ng RA 9048. Kakailanganin mong maghain ng petition sa korte para ipabago yang birth certificate mo. Sumangguni ka sa abugado (pumunta sa Public Attorney's Office o sa pinakamalapit na opisina ng Integrated Bar of the Philippines), para matulungan ka agad.

 

thank you po, thank you thank you, napakalaking information na nakakatulong, thank you very much :)

Link to comment
thank you po, thank you thank you, napakalaking information na nakakatulong, thank you very much :)

 

one more thing pa ng apo pala, may ma recomend ba kayo na lawyer na makakatulong sa akin? taga cavite po ako, sana po ung malapit lang, thank you po uli. pm nyo na lang ako.

Link to comment
one more thing pa ng apo pala, may ma recomend ba kayo na lawyer na makakatulong sa akin? taga cavite po ako, sana po ung malapit lang, thank you po uli. pm nyo na lang ako.

 

sabi ko nga, pumunta ka sa Public Attorney's Office o sa pinakamalapit na opisina ng Integrated Bar of the Philippines, para matulungan ka agad. Pumunta ka sa munisipyo mo diyan sa Cavite at magtanong kung saan ang opisina ng PAO o ng IBP. pwede ka ring magtanong-tanong sa mga kamag-anak, kakilala at kaibigan kung may mairerekomenda silang abugado.

 

Kung wala kang perang pambayad sa abugado, sumubok ka rin sa UP College of Law Office of the Legal Aid sa Diliman, o di kaya sa San Sebastian College of Law (sa Recto) o Arellano College of Law (sa Taft lampas ng Quirino) sa kanilang Legal Aid Office.

Link to comment
sabi ko nga, pumunta ka sa Public Attorney's Office o sa pinakamalapit na opisina ng Integrated Bar of the Philippines, para matulungan ka agad. Pumunta ka sa munisipyo mo diyan sa Cavite at magtanong kung saan ang opisina ng PAO o ng IBP. pwede ka ring magtanong-tanong sa mga kamag-anak, kakilala at kaibigan kung may mairerekomenda silang abugado.

 

Kung wala kang perang pambayad sa abugado, sumubok ka rin sa UP College of Law Office of the Legal Aid sa Diliman, o di kaya sa San Sebastian College of Law (sa Recto) o Arellano College of Law (sa Taft lampas ng Quirino) sa kanilang Legal Aid Office.

ok po sir, thank you veeery much!!! :)

Link to comment
i want to explore the possibilities of having my american employer sponsor me. do you know who or where can i get at least FREE initial consultation?

 

the lowest charge i've seen is $80/half hour in Makati

 

Your question seems incomplete. Sponsor you where? If you are a Filipina who is already employed by an "american employer" where do you need his sponsorship? Initial consultation is being done over here now mam; I didn't charge you either.

 

Please clarify so we can help further.

Link to comment

Sorry to butt-in. I was wondering if you guys could help me out? You see I'm using my paternal grandfather's first name as my middle name. It was changed after I was legally adopted by my paternal aunt. In other words if my grandfather's name was Jose Rizal and I was born Joseph P. Rizal, my name was changed to Joseph J. Rizal. Now here's the thing. My NSO birth certificate shows my biological mother's surname as my middle name, however, all my other legal documents (passport, school records, sss, tin, etc.) shows the amended middle name. I also have a photocopy of the amended birth certificate but it's not the certified true copy with the seal. A couple of years back I attempted to have this sorted out at the Manila city hall NSO dept. After paying the fees and waiting half a day in line, what I got was my original Joseph P. Rizal birth certificate. I tried to explain that my birth certificate was amended, but all I got was red tape and instructions to go get a birth record or something at the hospital where I was born. When I asked around, the hospital no longer existed. Also, the judge who presided over the amendment of my name had passed on. Is there a way I can fix my birth certificate so that it matches all my other papers?

Link to comment
Sorry to butt-in. I was wondering if you guys could help me out? You see I'm using my paternal grandfather's first name as my middle name. It was changed after I was legally adopted by my paternal aunt. In other words if my grandfather's name was Jose Rizal and I was born Joseph P. Rizal, my name was changed to Joseph J. Rizal. Now here's the thing. My NSO birth certificate shows my biological mother's surname as my middle name, however, all my other legal documents (passport, school records, sss, tin, etc.) shows the amended middle name. I also have a photocopy of the amended birth certificate but it's not the certified true copy with the seal. A couple of years back I attempted to have this sorted out at the Manila city hall NSO dept. After paying the fees and waiting half a day in line, what I got was my original Joseph P. Rizal birth certificate. I tried to explain that my birth certificate was amended, but all I got was red tape and instructions to go get a birth record or something at the hospital where I was born. When I asked around, the hospital no longer existed. Also, the judge who presided over the amendment of my name had passed on. Is there a way I can fix my birth certificate so that it matches all my other papers?

 

 

you have two options.

 

1. get the records from the court granting your adoption and change of name. maybe your aunt or the lawyer who handled the case have records of such adoption and change of name. if this is available then you have no problem. just ask the court to forward their decision to the local civil register and nso. However if this records are not available, then you have a problem.

 

2. why not use the name as per NSO record and just change or correct your legal documents. this will be easier

 

hope this will help

Link to comment
  • 2 weeks later...
In that case there is nothing to correct in San Juan. It is the NSO file that is erroneous so that is where the problem is. NSO gets its copies from the local civil registers so you probably need to inform them of the error and hopefully the procedure for proving so is not tedious. Hopefully, just the presentation of a certified true copy of the birth certificate is sufficient to cinvince them to correct their entry. You would need to ask the NSO the proper procedure for correction of errors in birth certificates.

---------------------------

 

just a quick question... in cases of providing and submitting information, would it be helpful if you made this in an affidavit format under oath that the information you are manifesting with the attached certified true copy of the document is really the true facts on the issue instead of just a plain letter,

 

...and connected with that, alternatively, could you submit a "subscribed" letter instead of just a plain letter stating the facts as to the truth of the matter? Would this be sufficient?

 

 

 

Link to comment
---------------------------

 

just a quick question... in cases of providing and submitting information, would it be helpful if you made this in an affidavit format under oath that the information you are manifesting with the attached certified true copy of the document is really the true facts on the issue instead of just a plain letter,

 

...and connected with that, alternatively, could you submit a "subscribed" letter instead of just a plain letter stating the facts as to the truth of the matter? Would this be sufficient?

 

 

It will certainly make your information more credible because you swore to the truthfulness of contents of the affidavit (by the way a subscribed letter is also an affidavit). However, if it is not required, then you'll just be spending uselessly if you'll have it notarized, because the legal presumption is that you're always telling the truth, unless proven otherwise.

Link to comment

Hello everybody!

 

i have a problem with regards to my citizenship. it all started when i tried to get a passport from DFA. When i showed my requirements to them they looked at my bc and saw that my father is a chinese citizen. they told me to go to the Citizenship Evaluation Committee at DFA. They told me that i am a chinese citizen because my father is a chinese citizen. and if i wanted a passport i must apply for it at the chinese embassy. and they also told me that if i want a philippine passport i should apply for dual citizenshhip. I argued with them that i have been voting here in the phil and was born and lived here for 30 years.

 

My mother is a filipina and has never renounced her filipino citizenship.

 

Am i really considered a chinese citizen under the circumstance that my Filipino mother married a chinese citizen and that makes me and my brother chinese citizens as well eventhough we have voted and lived here?

 

how do i go about with this? do i need a lawyer or jsut go about with their suggestion? help please!

Link to comment
Hello everybody!

 

i have a problem with regards to my citizenship. it all started when i tried to get a passport from DFA. When i showed my requirements to them they looked at my bc and saw that my father is a chinese citizen. they told me to go to the Citizenship Evaluation Committee at DFA. They told me that i am a chinese citizen because my father is a chinese citizen. and if i wanted a passport i must apply for it at the chinese embassy. and they also told me that if i want a philippine passport i should apply for dual citizenshhip. I argued with them that i have been voting here in the phil and was born and lived here for 30 years.

 

My mother is a filipina and has never renounced her filipino citizenship.

 

Am i really considered a chinese citizen under the circumstance that my Filipino mother married a chinese citizen and that makes me and my brother chinese citizens as well eventhough we have voted and lived here?

 

how do i go about with this? do i need a lawyer or jsut go about with their suggestion? help please!

 

Hello.

 

You said that you have been living here for 30 years, so I'm presuming here that you are more or less 30 years old and was born under the 1973 Constitution. If so, then the DFA personnel incorrectly tagged you as a Chinese citizen. Since your mother is Filipina and your father Chinese, you may be qualified to be both Chinese and Filipino under Chinese and Philippine Laws on citizenship.

 

Their advice that you go to the Citizenship evaluation committee is correct because they will help you in processing your papers whether you choose to be Filipino. Chinese or both.

 

You probably don't need a lawyer at this point, unless the DFA insist on their first assessment that you're Chinese, and you want to be a Filipino or to acquire both citizenships.

Link to comment

i need help for my employee , her wife went to japan , 3 years contract daw , legally married sila , after 3 years hindi sya bumalik , check on poea but there is no record daw , sabi daw nung officer tourist ang visa nun hindi working visa ,and finally her sister squealed na , she has a japanese husband na daw ? can you advice us on how to settle it legally , btw my emplyee is a baker lang , kaya i think of helping financially . thanks in advance attorney

Link to comment

Ano ba ang gustong mangyari nung empleyado mo? Gusto ba niyang kasuhan ang asawa niya? Ang problema kasi dun, nasa Japan yung asawa niya kaya di niya basta-basta mahahabla, or kung mahahabla man niya, baka useless lang ang desisyon na ibababa ng korte kasi nasa Japan naman si babae.

 

Note na di niya pwedeng kasuhan ng bigamy dito sa Pilipinas ang asawa niya kung sa Japan ito nagpakasal dun sa Hapon. Di rin niya makakasuhan ng adultery kung sa Japan nagsasama yung Hapon at asawa niya (dahil sa pangkalahatan, sa Pilipinas lang may bisa ang mga batas natin).

 

Kung gusto naman niyang ipawalang-bisa ang kasal niya, medyo malaki ang gastos dun. Sabi mo nga, baker lang siya, mga P150T ang magagastos dun. Kung tutulong ka naman, willing ka ba magbayad ng ganung amount.

 

kung gusto naman niyang ayusin ang visa ng asawa niya, ano siya, gago? nag-asawa na nga ng iba, aayusin pa niya yung visa.

 

i need help for my employee , her wife went to japan , 3 years contract daw , legally married sila , after 3 years hindi sya bumalik , check on poea but there is no record daw , sabi daw nung officer tourist ang visa nun hindi working visa ,and finally her sister squealed na , she has a japanese husband na daw ? can you advice us on how to settle it legally , btw my emplyee is a baker lang , kaya i think of helping financially . thanks in advance attorney
Link to comment

My wife is planning to get a passport, her name on the birth certificate is Maria Victoria but on our Marriage Certificate her name appears as Ma. Victoria, she also uses this in all other records (School, SSS, BIR).

Will she encounter problems in getting the passport? What is the best solution for this?

Thanks in advance.

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...