Travel Document Options for Chinese National Born of US Citizen

[Mitch0526 1]

Hello,

My wife is a Chinese national, while I am a US citizen and we have a newborn baby that we have chosen to have Chinese nationality.

We would like to be able to freely take our daughter to the US for visits, but are not sure the best means to do that. I have heard mixed opinions, but haven't really seen a good link where it is written out clearly what someone in this situation can/should do. Able to get a US passport? Also, I heard about a travel permit?

Thanks for the help!

[IslandQueen 45]

Yes, your baby is able to get a US passport and a social. Please see link below:

http://beijing.usembassy-china.org.cn/mobile//crba.html

[Mitch0526 1]

OneD, thank you. That is helpful. However, it seems like that is explaining for the case of the Child becoming a US citizen. I know that China does not recognize dual citizenship and there might be some repercussions involved if a Chinese citizen obtains dual citizenship (or so I've heard). My main question is what to do in the case of wanting the child to stay a Chinese citizen but be able to freely travel to the US?

[RandyW 149]

OneD, thank you. That is helpful. However, it seems like that is explaining for the case of the Child becoming a US citizen. I know that China does not recognize dual citizenship and there might be some repercussions involved if a Chinese citizen obtains dual citizenship (or so I've heard). My main question is what to do in the case of wanting the child to stay a Chinese citizen but be able to freely travel to the US?

She is eligible for a 10 year B-2 visitor's visa.

[apple21 953]

The embassy will still require you to file for CRBA. If you don't meet the CRBA requirements that's the time another type of visa may be issued for the baby.

The chase for US citizenship will come first, as far as I know.

[jan22 2,897]

She is eligible for a 10 year B-2 visitor's visa.

If the child is a US citizen at birth, the parents cannot make a decision to not pursue it -- she is already a US citizen and, by law, must use a US passport to enter and leave the US. She cannot qualify for a visa if she is a US citizen. Only the child herself can decide to relinquish her US citizenship -- and that is after she has turned 18.

[Mitch0526 1]

She is a US citizen at birth because of me and also Chinese citizen at birth because of her mother. There is a conflict there, isn't there? China wouldn't recognize this because it's dual citizenship. I'm sure there is some risk involved with China if I pursue dual citizenship with her. At the very least, we plan on her being a Chinese citizen because we have no intentions of moving to the US.

[RandyW 149]

She is a US citizen at birth because of me and also Chinese citizen at birth because of her mother. There is a conflict there, isn't there? China wouldn't recognize this because it's dual citizenship. I'm sure there is some risk involved with China if I pursue dual citizenship with her. At the very least, we plan on her being a Chinese citizen because we have no intentions of moving to the US.

In order to leave China as a U.S. citizen with a U.S. passport, she would need an exit visa from the Chinese PSB, since she would have no entry stamp in her U.S. passport. In order to get the exit visa, you would need to sign a form renouncing her Chinese citizenship.

You'll find the U.S. authorities to be MUCH more cooperative when you apply for a U.S. visa in her Chinese passport.

[RandyW 149]

If the child is a US citizen at birth, the parents cannot make a decision to not pursue it -- she is already a US citizen and, by law, must use a US passport to enter and leave the US. She cannot qualify for a visa if she is a US citizen. Only the child herself can decide to relinquish her US citizenship -- and that is after she has turned 18.

When an American citizen is issued a U.S. visa in their foreign passport, it is sometimes referred to as a "pro forma" visa. American citizens are not required to acquire U.S. passports.

[Mitch0526 1]

Randyw, you would suggest dual citizenship, but obtain a US tourist visa in the Chinese passport?

[Mitch0526 1]

And obtaining two passports is not an option? Use the Chinese passport when entering and exiting China and the US passport when entering and exiting China?

[RandyW 149]

And obtaining two passports is not an option? Use the Chinese passport when entering and exiting China and the US passport when entering and exiting China?

You will need entry and exit stamps. The Chinese authorities will expect a visa in the Chinese passport to allow entry to the U.S. The American authorities will expect a visa in the American passport to allow entry to China.

You MIGHT be able to get away with exiting to/from Hong Kong, . . . , well, good luck!

[Mitch0526 1]

Randyw, I will need to get her two passports and two visas? A US passport with a Chinese tourist visa and a Chinese passport with a US tourist visa? That seems like a lot of hassle and does not guarantee success that she will pass both applications/interviews. For example, how can she apply for a Chinese tourist visa from China.

If we are not concerned about US citizenship, is there an easier and better way? Her mom is not a US citizen....

[RandyW 149]

Randyw, you would suggest dual citizenship, but obtain a US tourist visa in the Chinese passport?

It's possible to have both passports (and keep the American passport under wraps in China), but the Americans may be LESS likely to issue the visa if she also has an American passport.

As it is, she can use her Chinese passport until she and/or you are ready to get her American passport. Use one or the other - trying to use both will cause headaches at best.

She HAS citizenship in both countries, but if the Chinese authorities find out she has an American passport, she may be forced to give up her Chinese passport.

I think what YOU want to do is to use the Chinese passport ONLY for now, and to NOT get an American passport. You can cross that bridge at a LATER date, if necessary.

Edited October 19, 2016 by RandyW

[Mitch0526 1]

That;s more clear, thank you. And with the Chinese passport, just add the tourist visa like my wife has?