Jump to content
Mitch0526

Travel Document Options for Chinese National Born of US Citizen

By Mitch0526 in Bringing Family Members of US Citizens to America

 Share

40 posts in this topic

Recommended Posts

  • Replies 39
  • Created
  • Last Reply

Top Posters In This Topic

Popular Days

Top Posters In This Topic

Popular Days

Popular Posts

jan22
jan22

There os no such thing as a "pro forma" visa. And the law says tht US citizens must ener and leave the US on a US passport. US citizens are not requird to acquire US passport if they never enter the

jan22
jan22

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 qua

Jojo92122
Jojo92122

That is not the word from the Consulate in 2006. Your link is for another private forum and has nothing to do with the US Government. There is no such thing as a "pro forma" visa. A visa can not

apple21 Veteran

apple21   953

Posted
Filed: F-2A Visa Country: Philippines
 Timeline
Posted

Apply for CRBA. Have them DENY your application to totally eliminate the child's claim to US citizenship then that's the time you chase the tourist visa.

:wub:10-year GC holder :wub:

My Parents’ B2 Tourist Visa Application - APPROVED

 

Link to comment
Share on other sites
EM_Vandaveer Experienced

EM_Vandaveer   2,370

Posted
Filed: Citizen (apr) Country: Hungary
 Timeline
Posted

Apply for CRBA. Have them DENY your application to totally eliminate the child's claim to US citizenship then that's the time you chase the tourist visa.

How? If the child is eligible for CRBA they are not going to deny the application. I don't believe that you MUST apply for a US passport if you apply for CRBA, these are two different things.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Link to comment
Share on other sites
apple21 Veteran

apple21   953

Posted
Filed: F-2A Visa Country: Philippines
 Timeline
Posted

File but don't comply with the CRBA requirements so you can get a denial. Once denied then file for the tourist visa.

:wub:10-year GC holder :wub:

My Parents’ B2 Tourist Visa Application - APPROVED

 

Link to comment
Share on other sites
apple21 Veteran

apple21   953

Posted
Filed: F-2A Visa Country: Philippines
 Timeline
Posted (edited)

I found this on the US Embassy Manila website:

Which passport to use?

Section 215 of the Immigration and Nationality Act (8 U.S.C. 1185) requires U.S. citizens to use U.S. passports when entering or leaving the United States unless one of the exceptions listed in Section 53.2 of Title 22 of the Code of Federal Regulations applies. (One of these exceptions permits a child under the age of 12, who is included in the foreign passport of a parent who has no claim to U.S. citizenship, to enter the United States without a U.S. passport, provided the child presents evidence of his/her U.S. citizenship when entering the United States.) Dual nationals may be required by the other country of which they are citizens to enter or leave that country using its passport, but do not endanger their U.S. citizenship by complying with such a requirement.

You might want to search if the US Embassy in China has the same post.

If the above post applies, then you can safely apply for CRBA to be used in conjunction with the Chinese passport.

Good luck!

Edited by apple21

:wub:10-year GC holder :wub:

My Parents’ B2 Tourist Visa Application - APPROVED

 

Link to comment
Share on other sites
Mitch0526 Explorer

Mitch0526   1

Posted
Filed: K-1 Visa Country: China
 Timeline
  • Author
Posted

I just called the US Embassy in China, located in Guangzhou, and they said we could not apply for the CRBA only and then still be eligible to receive a US visa. As soon as she is registered for her birth abroad and/or receives her passport, she will be automatically denied a US visa, if applied.

Link to comment
Share on other sites
apple21 Veteran

apple21   953

Posted
Filed: F-2A Visa Country: Philippines
 Timeline
Posted

I just called the US Embassy in China, located in Guangzhou, and they said we could not apply for the CRBA only and then still be eligible to receive a US visa. As soon as she is registered for her birth abroad and/or receives her passport, she will be automatically denied a US visa, if applied.

That's why you have to get a denial for the CRBA. Filing CRBA doesn't mean that she will be immediately a US citizen. As the parent, you must comply with the CRBA requirements to be approved. If you apply then DON'T comply, a denial is likely. Once denied, you can apply for the tourist visa. Get it?

:wub:10-year GC holder :wub:

My Parents’ B2 Tourist Visa Application - APPROVED

 

Link to comment
Share on other sites
Mitch0526 Explorer

Mitch0526   1

Posted
Filed: K-1 Visa Country: China
 Timeline
  • Author
Posted

Not sure I totally get it. The priority is to keep my daughter's Chinese citizenship. If she does apply for the CRBA and passport and is approved, that would be a potential threat to her Chinese citizenship, which we don't want. In addition, she couldn't apply for the US visa. Am I still missing something?

Link to comment
Share on other sites
  • 1 year later...
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...