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Law Ofces of Chua Tinsay & Vega
by Atty. Jean Tinsay, Esq.
Read Atty. Jean Tinsay’s previous articles by visitingour website at
(Continued on page 23)
LEGAL BUZZ by Jean S. Tinsay, Esq.
Almost everyone who is in theUnited States chasing their Americandream aspires to become a natural-ized U.S. citizen. With citizenship
comes certain benets, one of which
is that you no longer need to fear that you may be subject to deporta-tion. Thus, as soon as one is eligibleand meet all the requirements, it
is advisable to le a naturalization
application. There is, however, aclass of foreign-born children whoautomatically become U.S. citizens
without the need for ling a natural
-ization application.The Child Citizenship Act of 2000which went into effect on Febru-ary 27, 2001 provides for automaticcitizenship for certain foreign-bornchildren of U.S. citizens. To be eli-gible, a child must meet the follow-ing requirements:The child must have at least oneUnited States citizen parent (by birthor naturalization);The child is under 18 years old;The child has been admitted to theUnited States as a lawful permanentresident or has adjusted status;The child is currently residing permanently in the United States inthe legal and physical custody of theU.S. citizen parent.The law also applies to adoptedchildren provided they meet theabove-requirements. As to the legalcustody requirement, the USCIS presumes that the U.S. citizen parenthas “legal custody” in cases wherethe child is a legitimate or legiti-mated child. For those children whomeet the requirements, citizenship isacquired automatically by operationof law on the day of admission to theUnited States as an immigrant or onthe day the last condition for acquir-
ing citizenship is satised. There is
no need to apply for naturalization.However, if the child wants evidenceof his U.S. citizenship he can either apply for a U.S. passport with the
Department of State or for a Certi
-cate of Citizenship with the USCIS.To illustrate, let us take the caseof 25 year old Mateo who was bornin the Philippines in 1985. At thetime of his birth, his parents werenot married. Subsequent to his birth,
Mateo’s father who was a benecia
ry of a family-based petition led by
Mateo’s grandparent immigrated tothe United States. A few years later,his father returned to the Philippines,married his mother and immediately
led an immigrant petition for Ma
-teo and the mother. In 1994 Mateo’sfather became a naturalized U.S.citizen. When, Mateo was 11 yearsold he came to the United States asa lawful permanent resident withhis mother. During the Labor Dayweekend, Mateo had one drink toomany at his cousin’s house. Whiledriving erratically on his way home,he noticed a police car following
him. In his fear of getting caughtdrinking and driving he tried to
elude the police before he was nal
-ly apprehended. Mateo now facescriminal charges of DUI and evadingthe police. Mateo is worried that hemay be deported due to the criminal
charges led against him.
Fortunately, for Mateo he is al-ready a U.S. citizen and thus cannot be deported from the United States.Mateo automatically became a U.S.citizen when the Child CitizenshipAct of 2000 took effect in Febru-ary 27, 2001. At that time, he metall the requirements for automaticcitizenship, he was admitted to theUnited States as a permanent resi-dent, he had one U.S. citizen parent,he resided in the United States inthe physical and legal custody of his parents and he was under the age of 18 when the law took effect.
Atty. Jean S. Tinsay is a partner inthe Law Firm of Chua Tinsay and
Vega (CTV) - a full service law rmwith ofces in San Francisco, San
Diego and Manila. The information presented in this article is for gen-eral information only and is not, nor intended to be, formal legal advicenor the formation of an attorney-cli-ent relationship. Call or e-mail CTV for an in-person or phone consulta-tion to discuss your particular situ-ation and/or how their services maybe retained at (415) 495-8088; (619)955-6277; firstname.lastname@example.org
by Cesar D. Candari, M.D. FCAP Emeritus
| Henderson, Nevada Introduction: There is that deep dread-ful feeling that Filipinos will plummetto the bottom of the unknown. The fol-lowing brief history of the Philippines,is probably closest to the truth aboutourselves.This is a summary of interestingtidbits of history of the Philippines for every Filipino American to know. Theseare opinion pieces put together in acoherent fashion and reckoned in unitsof time - the glimpses of Philippineconditions from Spain’s colonization tothe present democratic Philippines. Itmay educate many Filipinos wherever they are today.In all honesty, the country nowa-days is being subjected by oddity of events that it becomes a less-attractive place to live in permanently. As a retired physician, I thought of our country asmy favorite place of retirement; manyother Filipinos working abroad havesimilar plans. We all now know that itis a politically beleaguered homelandthat several are having second thoughtsabout it.
Under Spanish Rule: In 1521, when
Magellan used re in burning the homes
of our forefathers in Mactan off CebuIsland, Lapu-Lapu rose and took uparms. He and his warriors killed Magel-lan and several of his European soldiersalong the shores of Mactan Island.Lapu-Lapu was a hero and he could beconsidered the forerunner of a national-ist – even if the archipelago at that timewas bogged down in tribal wars. It isadmitted that a Filipino nation was not born despite the defeat of Magellan. Wewere under the Spanish rule for morethan three centuries (1565-1898), after Spain sent a second expedition to Cebu.As they say, the rest is history. Theintolerable abuses of the Spanish regimeresulted into the formation of a groupof reformist movement that later pavedthe way for the Philippine Revolution.Local revolts against Spanish imperialcorruption, racial discrimination, andchurch abuse happened intermittently before but only succeeded late in thenineteenth century. Some of the initialrevolts called for reform of the econom-ic-political system but not for outrightindependence. Rebellions were waged
by native rebrands in many parts of
the archipelago. Not one succeeded. Ayoung doctor-writer, Jose Rizal, used his pen to expose the brutalizing, depressiveand inhumane treatment of the Spanishcolonizers. Dr. Rizal was arrested and
then executed by a ring squad at Ba
-gumbayan on December 30, 1896. Dr.Rizal, who was just 30-years old whenhe was executed, aroused the Filipinosto support the rebellion, spurred by theKatipunan that was organized by our heroes Andres Bonifacio and EmilioAguinaldo. Dr. Rizal strongly dis-agreed with Bonifacio to engage in war.Between Bonifaio and Aguinaldo, how-
ever, they engaged in an ugly inghting
resulting in the execution of Bonifacio.They failed to coalesce their forces and
ght side by side against the enemy and
the leaders lost their souls to greed andthirst for power.In 1898 The American-SpanishWar ensued. Commodore GeorgeDewey invaded Manila Bay and over- powered the dull Spanish Navy. TheSpaniards eventually surrendered to theAmericans.American Time: On June 12,1898, in Cavite el Viejo (now Kawit),Cavite, Philippines, the KKK (Katipu-nan) patriots of General Aguinaldo proclaimed the Philippine Declaration of Independence. With the public readingof the Act of the Declaration of Indepen-dence, Filipino revolutionary forces un-der Gen. Emilio Aguinaldo proclaimedthe sovereignty and independence of the Philippine Islands from the colonialrule of Spain. However, on December 10, 1898, the Americans annexed thePhilippines with Spain by the Treaty of Paris. This brought about the Filipino-American war in February 1899 thatlasted for three years. 4,000 Americansoldiers lost their lives; Filipinos wereoutgunned, 250,000 to 1,000,000 were
killed in the ghting. This led to the
capture of Aguinaldo by U.S. forces onMarch 23, 1901, and swore allegiance tothe U.S. On July 4, 1902, U.S. PresidentTheodore Roosevelt proclaimed a fulland complete pardon and amnesty to all people in the Philippine archipelago that
had participated in the conict, effec