Minor US citizen overstayed in the Philippines

My niece is a US citizen of Filipino parents with no dual citizenship. She came to Philippines when she was a year old & now she's 12 years old. She wants to go back to US, how much would be the penalty? I read it would be costly & my sister is a single mom & financially tight. I read in one blog that my niece can use a Philippine passport to enter a non visa country. Then come back to Philippines with US passport.  Would that work too? Pls advise.

Bro:

The penalty is shown below:
If you are a foreign national staying in the Philippines without valid visa, it may be a business or fiancé visa, and have been overstaying given the valid month(s) of stay, here are the list of overstaying charges that could be given.
(1) One Month Overstay     ₱4,000.00
(3) Three Months Overstay     ₱13,000.00
(6) Six Months Overstay     ₱18,000.00
(12) Twelve Months Overstay     ₱30,000.00
(2) Two Years Overstay     ₱60,000.00
(5) Five Years Overstay     ₱150,000.00
(10) Ten Years Overstay     ₱300,000.00
(15) Fifteen Years Overstay     ₱440,000.00

Divide it by 52 to arrive at the estimated US Dollar.

Bebesalle wrote:

My niece is a US citizen of Filipino parents with no dual citizenship. She came to Philippines when she was a year old & now she's 12 years old. She wants to go back to US, how much would be the penalty? I read it would be costly & my sister is a single mom & financially tight. I read in one blog that my niece can use a Philippine passport to enter a non visa country. Then come back to Philippines with US passport.  Would that work too? Pls advise.


Have you tried applying for a dual citizenship for your niece?

FilAmericanMom wrote:
Bebesalle wrote:

My niece is a US citizen of Filipino parents with no dual citizenship. She came to Philippines when she was a year old & now she's 12 years old. She wants to go back to US, how much would be the penalty? I read it would be costly & my sister is a single mom & financially tight. I read in one blog that my niece can use a Philippine passport to enter a non visa country. Then come back to Philippines with US passport.  Would that work too? Pls advise.


Have you tried applying for a dual citizenship for your niece?


I understand that because of Jus sanguinis, the niece is indeed entitled to a Filipino citizenship. But
they will look at her US passport of when she did arrive in the Philippines and would complicate the matter.

Going to another country with a Philippine passport: how would she get a Filipino passport if she´s not even a Filipino citizen?

Best solution: Go direct to the US Embassy in Manila to get her US passport by presenting her US Birth
Certificate if she has one. If none, ask her mom to send one. If the mom does not have one, she can obtain one from the county recorders office where she was born. If she was born in any American state or territory or in an American plane or ship at international waters or airspace she is - by virtue of Jus soli a natural born American. If the US embassy asks for her passport, she can present her old passport when she was a baby. If lost, just tell them you lost it during the years of stay in the Philippines. They can´t penalize a natural born American especially in a foreign land where she needs protection. To protect the rights of citizens is one of the mission of US embassies or consulates...

robal

If I apply dual citizenship in the Philippines  would avoid the overstayed fee?

Depends ... you will still be in a grey area legally.  You need to look at the motivation ... money.     The overstay of years seem like fair game for a fine.   But the eagle eye airport officials are usually the ones to get you for any technical infraction.  For example, babies born to US citizens in the philippines, by law,  should have a visa the day of birth (yes, you need to apply for a visa the same minute of birth) or apply for Philippine citizenship the day of birth, or you pay the overstay fee.    There is a grey area about doing things immediately after birth, but this is where money motivates the interpretation.     The point is, if a baby has no grace period and birth is not a mitigating circumstance, and money motivations exist for government officials.... you know how it works.

You seem to get a grace period of a day for any overstay if you apply for citizenship. 

For visa overstays, You will often be asked to pay cash at the police station and the fees will be divided between the police and the lucky government official who caught you.   Usually someone in the Aquino family will get the lion's share of the fee.   The police station fee will be for a criminal background check as you already committed a crime by overstaying.   If you show any hesitation about paying the fee or ask any questions, the background check will go from an hour to days.

All that said, the cheap legal route to make everything good is to bribe a judge (via a fixer) about 10k to 20k pesos to fix this.

Anontoo wrote:

Usually someone the Aquino family who run the airports.


Living in Metro Manila I see and hear a lot more planes taking off from the airport. Not that I' m at the airport to see them on the runway, but once in the air and making that big turn heading to their destination.

Yup pay your exit Pesos and get permission to leave the country.

How much money for overstaying 12 years from 2years old to 14 years old

450k for up to 15 years overstay

I would try to find a fair deal at the Immigration in Manila and talk to an lawyer first.

Minors penalty should be waived especially if both parents are still filipino citizen. I mean c'mon thats kids. They don't go to the Philippines to make money and didn't pay taxes there, to charge that much money for penalties.

i have the same situation right now, i have 2 U.S. citizenship kids who overstayed in the Philippines for over 5 years now, because I couldn't afford babysitters for 2. I am a single mom and living paycheck to paycheck.

@adamsmole is this per person? I have 2 minor kids who overstay in the Philippines for 5 years now. I am planning go get them back here next month April. So i did my research, and i saw this. Now i am so stressed. If this is per person I might gonna cancel my flight next month.

@adamsmole is this per person? I have 2 minor kids who overstay in the Philippines for 5 years now. I am planning go get them back here next month April. So i did my research, and i saw this. Now i am so stressed. If this is per person I might gonna cancel my flight next month.
-@Jielyn Sabarez

Unbelievable that you would allow your children to lack legal status in the Philippines for 5 frikkin years. My gosh. You need to fix this whatever the cost.

Bebesalle - ignorance of the law does not give one a free pass. It is to my understanding one will exit the country on the same passport one came in with. The parent or guardian of your niece took the risk and got bit. For the sake of your niece's future travels between US and the Philippines, pay the fine. You say money is tight, did you ask your niece's father?

Bebesalle - Did you check your niece's passport lately? If the passport has not been renewed since she arrived in the Philippines 11 years ago, it is likely expired now. Wait.... It IS expired now. You probably have the passport problem before you'll get to the overstay problem. Once you got the US passport settled, you can ask the US embassy for advise, maybe they can help you with the overstay fine.

@adamsmole is this per person? I have 2 minor kids who overstay in the Philippines for 5 years now. I am planning go get them back here next month April. So i did my research, and i saw this. Now i am so stressed. If this is per person I might gonna cancel my flight next month.
-@Jielyn Sabarez

Jielyn - here's another way of looking at the situation. You saved money by having lower costs by having your kids live in the Philippines. The fine of PHP 550 per overstay months is nothing. That's only $10 per month. Your kids would have spent more than that had they stayed in the US. McDonald's meal in the Philippines is probably half price or less compared to the US. Overall you're likely still ahead on the money.

...

Unfortunately, I have heard many situations similar to this where people believed "somebody said.....". Immigration in Manila informs you how long you can stay. They stamped it on your US passport.

@danfinn i know. I'm reaching out for lawyer in the Philippines. To at least waive it just a little bit. If you're a single mom of 3 kids no support at all you will understand my situation.

@Jackson4 hi Jackson thank you for your message. I heard that the penalty is Php 4,000 per month. And if that is per person for 72 months. That would be $11k something for 2 kids. And that's a lot of money. A single mom of 3 kids in america, the only thing that I couldn't afford is the babysitter. So i decided to leave them with my parents while i am working here. At the same time i can support my kids and my parents

Jielyn and Bebesalle - This might help you. Note sure why they made the calculation of fines quite complicated.

https://immigration.gov.ph/visa-require … nd-59-days

Hi. Hoping that someone can help me here. My daughter was brought here in oct. 2016 for a supposed vacation. I was a victim of emotional and psycho abuse by my husband, and his whole family. We were supposed to go back a month after, which is november 2016, but things got complicated when mother bad mouthed (she almost hit me with a hammer when we were in the US) me again in front of my family which me decide to stay with my children here so that husband can find a new place to live back in US, husband disagreed with the plan and in fact told me he will choose to stay with family instead of us. Anyway, to make long story short husband took the passport of my daughter, reason why until now that she is already 7 yrs old have not returned to US. Tried to contact my husband and have him cooperate with the whole process but he refused. Question, what will i do? Can i write a letter to the bureau of immigration to waive the fine for overstaying?

@hcdelgado0215 First get child a new passport. Just report the old one as lost or stolen. Maybe file police report on stolen passport and pit him on the blotter or just report it as lost. Then get attorney to contact BI to negotiate settlement.

@danfinn thank you for your response. Will US embassy allow me to process the passport without her father? He was the one who does not want to cooperate.

@danfinn thank you for your response. Will US embassy allow me to process the passport without her father? He was the one who does not want to cooperate.
-@hcdelgado0215

I used to handle passports for our two kids and do not recall needing both parents' signatures but you should be able to check the process online at the embassy website.

Hi. Hoping you could help me. My daughter is a US Citizen and came to the Philippines last 2017 and she's still here today (6 years overstayed). We're planning on going back to the US end of this year or next year. Her us passport is updated. I heard that we can apply her for a Recognition as a Filipino Citizen. She can be recognized as a Filipino Citizen and can stay legally as long as 1 parent is a Filipino Citizen at the time of her birth.. My question is, if we apply her to be Recognized as a Filipino Citizen is the overstaying fee be voided? Or we still need to pay for the overstaying fee? Thank you. Hope you can answer.

Hi! I have a question on my case too. My daughter (5 yo) is born Filipino and just got her birth abroad certificate and US passport this year. April to be exact. Now, we planned to not apply for a PH passport because she will need to present her US passport upon exit. Now, I have received sources that I need to apply for a PH passport for her because she can be penalized for overstaying too. Which I cannot comprehend because when will immigration start calculating her overstaying from the day she was born or from the time she received US Citizenship??

It should be from when she gained US citizenship, You should have went and had her reacquire her Filipino Citizenship and Passport thus being a full fledged dual citizen...


So point being she was a Filipino until she became a American and at that point she lost her Filipino citizenship, it's not to difficult for her to reacquire her Filipino citizenship at BI and Passport


fyi: When we applied at BI there was no form or instructions on the BI website on how to do this in your situation, I found a form similar to reacquiring citizenship and we showed up with all the required docs just to be told that that was not the right form, so when we asked for the right form they said there is not one and to just give them all the docs, and they processed it without any application form...

Just from memory docs would be Marriage certificate, both of her birth certificates, us passport, Report of birth abroad, both of parents passports etc etc. just take everything and tell them what you are there for and good to go...

@vehicross100 Philippines Bureau of Immigration takes no prisoners and gives no sympathy no matter what or how sad the circumstances........ they just want the fees.

Given what adamsole stated near 3 years ago post #2 it's a lot cheaper to renew your visa extensions rather than paying 25/30% more for overstaying.

The Philippines has a very generous visitor visa system and we should all abide.


OMO.


Creers, Steve.

@Zeeeeeeeeeee2023 Hi, I had a similar situation here. My son was born in the Philippines, I am Austrian and my wife is Filipina. The fact is that he is a dual citizen now. He got an Austrian Passport and a passport from the Philippines. If one of the parents is a Philippine citizen he/she is a citizen of the Philippines too. This makes travel for him much easier as the Austrian passport is a very strong one.

Search in Google for that: philippines citizenship by inheritance

Go to US embassy and fix passport then hire Filipino Attorney. Good luck to you all. If you wait till the kids are 18, will Immigration waive the fees since a minor isn't responsible?