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questions on citizenship

Posted by mariefromoz on August 5th, 2008 | Categorized as Ask Uncle | 203 views and 6 Comments

Hi Everyone! Have any of you been questioned on your citizenship?

I am Filipino by nationality and was born in the US. I grew up in Australia and the US and am now back in Asia.

Recently, an officer at the US Embassy of the city where I live, held my passports saying that I “may not” be a citizen. The officer says that as a diplomatic dependent, I am not allowed citizenship. My mother, (who passed away when I was young), was an officer with the Foreign Service, but she became so only after I was born. I was not a diplomatic dependent at the time of my birth.

I am looking for any help or comments you may be able to send my way. Love this site, btw, wish I found it sooner!

mariefromoz

 US-born, Aussie-raised TCK of the Dip Brat variety. I live in Manila now and look forward to meeting others who are just as in-between as I am. Check out my blog on http://agirlfromoz.tumblr.com.

6 Comments to “questions on citizenship”


6 Responses to “questions on citizenship”

  1. 1
    Annette Says:
    August 5th, 2008 at 10:03 am

    Generally speaking, at birth you acquire the citizenship of your mother or your father, depending on the rules of their respective passport nationalities, as some follow a matrilineal and others follow a patrilineal convention. A few countries, such as the USA, grant automatic citizenship to anyone born on their soil.

    The exception to this rule is children of diplomats, who DO NOT acquire US citizenship through birth on US soil.

    If your mother acquired US citizenship AFTER your birth, it is possible that she simultaneously applied for your citizenship as a dependent. I acquired my American citizenship that way when, after my parents became US citizens, they petitioned on my behalf, and I became a US citizen at 13.

    There are lots of ins and outs here, but it would appear that the Embassy officer was using the above diplomatic exception to question your passport status. Then the question is, can you prove that your mother was NOT a foreign service officer at the time of your birth?

    There is some clear information to be had here:

    http://www.richw.org/dualcit/law.html

    but you may need an immigration attorney to assist you. Embassy folk DO make mistakes in interpretation, and it is unlikely that you were erroneously issued a US passport.

    (Is this spam?)

  2. 2
    MsMerising Says:
    August 5th, 2008 at 10:46 am

    Born in the US so that makes you a U.S. citizen without question.

    What are the nationalities of your parents/grandparents? You should be eligible for those citizenships as well with the proper ID before a certain age (usually before 23/25 but check).

    Visas to work/study are different from citizenship. Citizenship gives you the ability to vote amongst other “perks”. You should speak with a lawyer. Call the U.S. embassy and they see if they can offer you anything.

    Hope that helps.

    (Is this spam?)

  3. 3
    mariefromoz Says:
    August 5th, 2008 at 10:53 am

    Thanks, MsMerising. I agree with you, as do others I’ve spoken to. I am sure this will be sorted through. The officer admitted that I was a little “complicated.” Aren’t we all? I have dual citizenship by virtue of my nationality (Filipino) and American (because I was born there).

    (Is this spam?)

  4. 4
    Annette Says:
    August 5th, 2008 at 11:09 am

    My comment got swallowed in the spam filter!

    You are a US citizen if you are born on US soil UNLESS you are born to foreign diplomats. The fact that your mother did not join the foreign service until after your birth, argues for your US citizenship rights.

    Embassy personnel do misinterpret rules all the time, about all sorts of things. If they are still holding your passport, you will have to provide proof that your mother was not a foreign service employee at the time of your birth…and that your father wasn’t either.

    Here is a good site for info on dual citizenship in the US: http://www.richw.org/dualcit/law.html

    (Is this spam?)

  5. 5
    mariefromoz Says:
    August 6th, 2008 at 6:18 am

    Hi Annette,

    Thanks a bunch! This link is fantastic!

    Yes, that is the direction that the officer was taking. I just got to work and opened up my email and voila! I got a reply from him, apologizing for the misunderstanding and that I may get my passports back at my soonest possible time. My mother took the FSO Exams when I was 2 years old, so she wasn’t an officer when I was born. Woohoo!

    (Is this spam?)

  6. 6
    Annette Says:
    August 6th, 2008 at 9:09 am

    All’s well that ends well. I’m glad the link was useful.

    (Is this spam?)

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