Jump to content
Sign in to follow this  
Dobee

(Pro Forma Visa) Infant Son Returning to China Without an Entry Stamp in Passport

10 posts in this topic

Recommended Posts

To keep things brief I live and work in China with my wife (who is Chinese) and now my 4 month old son.  We wanted him to have dual nationalities for the time being and he currently does, two passports and what not. (I know I know "But China doesn't recolonize dual citizenship!" I can hear it now.) Anyway I got my son a pro forma visa to the USA to allow him to leave the country on his Chinese passport. 

    Now by law he needs to arrive on his US passport. This leaves me with a slight problem as when returning to China they will see that he has no entry stamp in his Chinese passport.  I have heard from someone (who did this recently) that they really wont care and just kind of let you by.  So my main question, have any of you all tried this before?  Getting the pro forma visa, traveling, and then returning?  If so when and how did you do this (mainly concerned about the return of course).      

If you have knowledge about my question let me know!  

 

Many thanks! 

 

Share this post


Link to post
Share on other sites

It's ok to do until you finally make a mistake and show the wrong passport at the window, or answer a question wrongly.  They may begin to question where your child is going, and it often leads to the officer finding out child has dual citizenship, and asking you to fill out a form and renounce their citizenship right there and then and hand over the Chinese passport, since it's illegal in China.  You won't be detained or fined or anything bad, but this is the scenario others have encountered.


DCF CR1 filing in Guangzhou, China:

Married - 2018-09-25

I-30 submitted at Guangzhou office - 2019-06-17
I-130 approved - 2019-06-18
DS-260 Instructions Received, waiting to submit...

Share this post


Link to post
Share on other sites
Posted (edited)

A "pro forma visa" is simply a Visitor's Visa issued to an American citizen.

 

You will most likely need at some point, if you travel back and forth, to renounce one of the two citizenships. It can be reclaimed after the age of 18, although that is where you hit the "But China doesn't recolonize dual citizenship!".

To renounce the Chinese citizenship, you will most likely need to do this at the PSB Entry & Exit office where the child's hukou is registered with both you and your wife present. Some will tell you it takes up to a year, if they claim it has to be approved by Beijing. Getting caught at the border, like givonte describes, may turn out to be a fortunate convenience, except that the child would need a travel document.

 

For now, though, you can ask at the Chinese consulate in the U.S. for a travel document, allowing entry into China.

Edited by RandyW

玉林,桂 resident
Feb 23, 2005 ........ Mailed I-129F to TSC . . . . . . . . .March 8th ............. P1 from CSC
April 11 ................. P2 from CSC . . . . . . . . . . . . . . . . .April 25 ................ NVC sends packet to GUZ
June 22 ................ P3 received . . . . . . . . . . . . . . . . . .Nov 22 ................. PASSED Interview
Dec 2 ................... Made it! . . . . . . . . . . . . . . . . . . . . .Dec 16 .................. Married
May 23, 2006 ..... TDL, EAD, AP received. . . . . . . . . June 16, 2006 ........ AOS interview - wait for FBI bkgrnd check
Apr 19, 2007 .... EAD # 2. . . . . . . . . . . . . . . . . . . . . . Oct 7, 2008 ......... 10-year green card
- - - - - - - - - - - - - - - - - - - - - - - - - - K2 (son) - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dec 2 ..................... AOS/EAD filed . . . . . . . . . . . . . .Dec 17 ................... 21st birthday
Jan 4, 2007 .......... transferred to CSC . . . . . . . . . . . Feb 6, 2007 ............ transferred to MSC
Feb 23 .................... EAD card . . . . . . . . . . . . . . . . . . .Apr 16 .................... AOS denied (over 21)
Jul 26 .................... Master Calendar hearing . . . . . . Nov 15 ...................... Removal hearing
Jan 29, 2008 ........ Voluntary departure

Share this post


Link to post
Share on other sites

Another thing you can do is to ask at the U.S. POE if the child can enter using the visitor's Visa in their Chinese passport.. while showing them both.


玉林,桂 resident
Feb 23, 2005 ........ Mailed I-129F to TSC . . . . . . . . .March 8th ............. P1 from CSC
April 11 ................. P2 from CSC . . . . . . . . . . . . . . . . .April 25 ................ NVC sends packet to GUZ
June 22 ................ P3 received . . . . . . . . . . . . . . . . . .Nov 22 ................. PASSED Interview
Dec 2 ................... Made it! . . . . . . . . . . . . . . . . . . . . .Dec 16 .................. Married
May 23, 2006 ..... TDL, EAD, AP received. . . . . . . . . June 16, 2006 ........ AOS interview - wait for FBI bkgrnd check
Apr 19, 2007 .... EAD # 2. . . . . . . . . . . . . . . . . . . . . . Oct 7, 2008 ......... 10-year green card
- - - - - - - - - - - - - - - - - - - - - - - - - - K2 (son) - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dec 2 ..................... AOS/EAD filed . . . . . . . . . . . . . .Dec 17 ................... 21st birthday
Jan 4, 2007 .......... transferred to CSC . . . . . . . . . . . Feb 6, 2007 ............ transferred to MSC
Feb 23 .................... EAD card . . . . . . . . . . . . . . . . . . .Apr 16 .................... AOS denied (over 21)
Jul 26 .................... Master Calendar hearing . . . . . . Nov 15 ...................... Removal hearing
Jan 29, 2008 ........ Voluntary departure

Share this post


Link to post
Share on other sites
48 minutes ago, RandyW said:

Another thing you can do is to ask at the U.S. POE if the child can enter using the visitor's Visa in their Chinese passport.. while showing them both.

By law USC must enter with US passport even if a dual national. 

Share this post


Link to post
Share on other sites

They may be surprised - with, say, an entry stamp in both passports.

Then again, maybe not.


玉林,桂 resident
Feb 23, 2005 ........ Mailed I-129F to TSC . . . . . . . . .March 8th ............. P1 from CSC
April 11 ................. P2 from CSC . . . . . . . . . . . . . . . . .April 25 ................ NVC sends packet to GUZ
June 22 ................ P3 received . . . . . . . . . . . . . . . . . .Nov 22 ................. PASSED Interview
Dec 2 ................... Made it! . . . . . . . . . . . . . . . . . . . . .Dec 16 .................. Married
May 23, 2006 ..... TDL, EAD, AP received. . . . . . . . . June 16, 2006 ........ AOS interview - wait for FBI bkgrnd check
Apr 19, 2007 .... EAD # 2. . . . . . . . . . . . . . . . . . . . . . Oct 7, 2008 ......... 10-year green card
- - - - - - - - - - - - - - - - - - - - - - - - - - K2 (son) - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dec 2 ..................... AOS/EAD filed . . . . . . . . . . . . . .Dec 17 ................... 21st birthday
Jan 4, 2007 .......... transferred to CSC . . . . . . . . . . . Feb 6, 2007 ............ transferred to MSC
Feb 23 .................... EAD card . . . . . . . . . . . . . . . . . . .Apr 16 .................... AOS denied (over 21)
Jul 26 .................... Master Calendar hearing . . . . . . Nov 15 ...................... Removal hearing
Jan 29, 2008 ........ Voluntary departure

Share this post


Link to post
Share on other sites

Thanks for your responses !!!  So the consistence is still ambiguous then.  Basically I will show back up in China with my son (without an entry stamp in his Chinese passport) and basically play dumb.  I think that will work but they might question me more than others.  What are they going to do, bar entry of a Chinese national.  I will just put his US passport in our checked luggage so even if we are searched there is nothing they can find to prove he has a nationality conflict.  (Its risky in the since that they could lose the luggage but ... we could always go through the hassle of getting a new one if that does happen. If they really wanted to they could search our checked bags too but ... i doubt it.)   

Share this post


Link to post
Share on other sites
Posted (edited)
23 hours ago, SusieQQQ said:

Even Western countries search checked luggage on occasion. What makes you think China won't?

Yes, searching luggage on occasion for dangerous or illegal materials is standard globally.  Searching luggage for the specific goal of uncovering evidence for a nationality conflict is another thing entirely.  I just think its unlikely they will do that (in the event they notice my son doesn't have an entry stamp into the US).    

Edited by Dobee

Share this post


Link to post
Share on other sites
5 minutes ago, Dobee said:

Yes, searching luggage on occasion for dangerous or illegal materials is standard globally.  Searching luggage for the specific goal of uncovering evidence for a nationality conflict is another thing entirely.  I just think its unlikely they will do that (in the event they notice my son doesn't have an entry stamp into the US).    

Australia searches for evidence of people looking for work (watch Border Security). China doesn’t seem to have a Border Security show, but I’m guessing they search what they want when they want judging from other news about what they do, Anyway ... you’re going into this with your eyes open about the ramifications and just hoping you don’t get caught, I’m not sure what advice anyone can really give you.

Share this post


Link to post
Share on other sites
 
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
Sign in to follow this  
- 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...