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Author Topic: Citizenship for Children Born to Chinese Citizen - Foreign Citizen in China  (Read 14077 times)

x0vash0x

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I'm wondering the legal issues involved in getting U.S citizenship for child born to a Chinese Citizen - U.S Citizen couple. Specifically, I'm wondering if the child would have both Chinese Citizenship and U.S Citizenship or how citizenship would work exactly.

Thanks for any information you would provide.
« Last Edit: May 04, 2015, 02:32:42 AM by Aussie Mike »
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MeiYouPengYou

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Re: Citizenship for Children Born to Chinese Citizen - U.S Citizen
« Reply #1 on: March 21, 2015, 02:22:20 PM »

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China does not recognize dual nationality for Chinese citizens. A Chinese citizen who acquires foreign citizenship of his own free will automatically lose Chinese citizenship. See PRC Nationality Law, arts. 3, 9.

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In most cases, a child born outside the U.S. to a U.S. citizen parent is automatically a U.S. citizen.

Here's a helpful site: http://lawandborder.com/advantages-of-us-naturalization-versus-keeping-chinese-citizenship/

If I were you, I'd check the American Embassy's website.
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Aussie Mike

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Re: Citizenship for Children Born to Chinese Citizen - U.S Citizen
« Reply #2 on: March 22, 2015, 02:33:09 AM »

If you get an American passport for the child and you leave China for a trip, be sure you have a return visa to China before you leave.
This can be an issue for any foreign passport.  American or Australian.
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computer_says_no

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Re: Citizenship for Children Born to Chinese Citizen - U.S Citizen
« Reply #3 on: March 22, 2015, 03:24:36 AM »

When you start considering the nitty gritty of how you'd present the passports and exit certificates of your child at customs so as to maintain the perception that they only hold Chinese citizenship, it becomes quite tricky (If not practically impossible). Also think that you'd have to explain all these implications to your Chinese wife.
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x0vash0x

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Re: Citizenship for Children Born to Chinese Citizen - U.S Citizen
« Reply #4 on: March 22, 2015, 11:08:07 AM »

When you start considering the nitty gritty of how you'd present the passports and exit certificates of your child at customs so as to maintain the perception that they only hold Chinese citizenship, it becomes quite tricky (If not practically impossible). Also think that you'd have to explain all these implications to your Chinese wife.

It seems the easiest solution would be to do a CRBA. This basically 'registers' the child as a U.S Citizen. I could then apply for a U.S Passport and SSN. I wouldn't use the passport though. I'd apply for my child to have a Green Card, same as my wife. They'd enter and exit using their Chinese Passport.

I don't think it becomes tricky or impossible. You just have be consistent. Either always use the Chinese Passport, or always use the U.S Passport. Nothing difficult about that.

And, my wife is keenly aware of these issues. I've already told her that we're probably going to need to sit down with a lawyer to talk about this before her and I make any firm decisions regarding citizenship and what not.
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x0vash0x

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Re: Citizenship for Children Born to Chinese Citizen - U.S Citizen
« Reply #5 on: March 22, 2015, 11:12:05 AM »

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China does not recognize dual nationality for Chinese citizens. A Chinese citizen who acquires foreign citizenship of his own free will automatically lose Chinese citizenship. See PRC Nationality Law, arts. 3, 9.

Quote
In most cases, a child born outside the U.S. to a U.S. citizen parent is automatically a U.S. citizen.

Here's a helpful site: http://lawandborder.com/advantages-of-us-naturalization-versus-keeping-chinese-citizenship/

If I were you, I'd check the American Embassy's website.

I took a look at the website. The thing is, at the top it says 'Or are you a person who automatically acquired both Chinese and U.S. citizenship at birth but is now considering renouncing Chinese citizenship?' That's the fundamental issues. The child legally is BOTH U.S Citizen and Chinese Citizen even though both countries say they're neither. It's a really weird legal gray area. Eventually, the child will have to choose one, but I want to postpone that for as long as possible. My question is: how do I do that? I don't want to choose, I want my kid to choose when they're old enough.
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computer_says_no

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Re: Citizenship for Children Born to Chinese Citizen - U.S Citizen
« Reply #6 on: March 22, 2015, 11:59:29 AM »

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I don't think it becomes tricky or impossible. You just have be consistent. Either always use the Chinese Passport, or always use the U.S. Passport. Nothing difficult about that.

Read this part: http://lawandborder.com/applying-exit-entry-permit-child/

You're suggesting that when your child is born, automatically acquire Chinese citizenship (and get a Chinese passport) and then apply for U.S. citizenship (without informing the Chinese authorities). Your child would exit China on the Chinese passport. If they were presenting as a Chinese citizen, customs would expect to see a U.S. visa stamp or authority in the passport, because this is the requirement for all Chinese citizens traveling to the U.S. However, the child is also recognized by the U.S. as a U.S. citizen, and the U.S. does not issue visas to its own citizens for entry into their own country.

I don't pretend to be an expert on these things, so discussion does help clarify things.
« Last Edit: March 22, 2015, 12:21:01 PM by computer_says_no »
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x0vash0x

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Re: Citizenship for Children Born to Chinese Citizen - U.S Citizen
« Reply #7 on: March 22, 2015, 12:37:59 PM »

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I don't think it becomes tricky or impossible. You just have be consistent. Either always use the Chinese Passport, or always use the U.S Passport. Nothing difficult about that.

Read this part: "Other options to consider" http://lawandborder.com/applying-exit-entry-permit-child/

You're suggesting that when your child is born, automatically acquire Chinese citizenship (and get a Chinese passport) and then apply for US citizenship (without informing the Chinese authorities). Your child would exit China on the Chinese passport. If they were presenting as a Chinese citizen, customs would expect to see a US visa stamp or authority in the passport. However, the child is also a US citizen, and the US does not issue visas to its own citizens for entry into their own country.

I don't pretend to be an expert on these things, and discussion does help clarify for me.

Yeah. From the sounds of it, it seems like a pro forma visa is the best option. Some other websites have suggested that it is an easy and painless process. Basically, the kid travels on a U.S Passport with a U.S Visa in it. The other option is traveling via Hong Kong. So, my idea of a Green Card seems out, but having both passports is still possible.

Regardless, I'm definitely going to talk to a lawyer on this, because this is definitely beyond my skill level.
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computer_says_no

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Re: Citizenship for Children Born to Chinese Citizen - U.S Citizen
« Reply #8 on: March 22, 2015, 01:27:41 PM »

Yeah, if getting a pro forma visa is straightforward then I think problem resolved. But I wonder what the situation is with other nationalities issuing such visas?

Also, don't you mean the kid travels on a Chinese passport with a US visa in it?
« Last Edit: March 23, 2015, 03:57:30 AM by computer_says_no »
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x0vash0x

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Re: Citizenship for Children Born to Chinese Citizen - U.S Citizen
« Reply #9 on: March 22, 2015, 03:03:29 PM »

Yeah, U.S Visa in a Chinese passport. I've read that the issue with this is that if you return to China on the U.S passport you would need a Chinese visa and the Chinese Consulate won't issue one until the Chinese Passport is renounced.

So, long story short, this is a massively complicated topic that really requires detailed legal knowledge.
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DeHengLaw

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Re: Citizenship for Children Born to Chinese Citizen - U.S Citizen
« Reply #10 on: March 23, 2015, 08:15:32 AM »

Hello, I'm a lawyer ,John Wang.  I need to know  something else except that you had disscussed above. If having got what I neeed,Maybe I can give you a good solution. Hopefully I can help you. Mob: 139 6667 5102  ,Wechat  number is  120 987 1327 .
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Aussie Mike

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Re: Citizenship for Children Born to Chinese Citizen - U.S Citizen
« Reply #11 on: May 04, 2015, 02:31:21 AM »

My understanding is; when a cross culture child is born in China it technically is X culture as in Unknown or undecided.

The child is entitled to apply for either citizenship for 5 years at a time.

Chinese law states "No Dual Status".  Australia and many other countries respect Dual Nationality.

If the child obtains a foreign passport, it has no residency status in China other than a visa which should be arranged prior to leaving China.

The only way you can have Chinese-foreign dual passports is to apply for a Chinese passport first, then the foreign passport.
When the Chinese passport expires, it can not be renewed while in possession of another passport.  The foreign passport must expire before reapplication.
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