Child dual citizenship?

[PollyC 119]

So me (from Hong Kong, a permanent resident in usa) and my husband (us citizen) have a child (he’s 29 months old now)

 

id like to ask… obviously he is a USA citizen, but is he a Hong Kong citizen as well since I am a Hong Kong citizen?  And if so, what I need to do or where I should contact to get a Hong Kong passport or ID for our son? Do we need to back to Hong Kong for this?

[TBoneTX 43,048]

Thread is moved from Off Topic to the China regional forum.

[Just Paul 4,591]

Slightly complicated - Dual Nationality (US / Chinese) isn't allowed post 1997 per PRC.  So the child isn't Chinese. Since the child wasn't born in Hong Kong (and doesn't / hasn't / won't live there for 7 years) there is not right to abode.

 

https://www.immd.gov.hk/eng/service/travel_document/apply_for_hksar_passport.html

[Sofitalian 132]

OP's son was born (I assume in the U.S.) before 1997. 

[Ontarkie 13,914]

2 minutes ago, mave said:

OP's son was born (I assume in the U.S.) before 1997. 

No, he's just over 2yrs old

[Sofitalian 132]

24 minutes ago, Ontarkie said:

No, he's just over 2yrs old

My bad. I misread as 29 yrs old. 😅

[Ontarkie 13,914]

11 minutes ago, mave said:

My bad. I misread as 29 yrs old. 😅

I only caught it because my glasses such and I have to read slow 🤪

[PollyC 119]

13 hours ago, Paul & Mary said:

Slightly complicated - Dual Nationality (US / Chinese) isn't allowed post 1997 per PRC.  So the child isn't Chinese. Since the child wasn't born in Hong Kong (and doesn't / hasn't / won't live there for 7 years) there is not right to abode.

 

https://www.immd.gov.hk/eng/service/travel_document/apply_for_hksar_passport.html

 Thank you!

so here is a tricky question. 
my husband and I aren’t doing so well (relationship wise). So if we happened to get divorce and I decided go back to Hong Kong, am I able to take our son with me back to Hong Kong? 

[Just Paul 4,591]

1 hour ago, PollyC said:

So if we happened to get divorce and I decided go back to Hong Kong, am I able to take our son with me back to Hong Kong?

leaving custody issues aside - yes you can take the child.  There is a path to citizenship but essentially has to renounce US Citizenship and I think you can wait until 18 for that.   If you have custody the child can obtain the right to abode.   As a USC citizen the child would get 90 days as a visitor and can convert to a residency (abode)

[RamonGomez 259]

On 9/15/2021 at 10:38 PM, PollyC said:

So me (from Hong Kong, a permanent resident in usa) and my husband (us citizen) have a child (he’s 29 months old now)

 

id like to ask… obviously he is a USA citizen, but is he a Hong Kong citizen as well since I am a Hong Kong citizen?  And if so, what I need to do or where I should contact to get a Hong Kong passport or ID for our son? Do we need to back to Hong Kong for this?

My wife is from mainland China, but because our kid was born AFTER she got her US green card, our kid is NOT considered to be a Chinese citizen. So our kid needs a tourist visa or family reunion visa to go back to China. And this is great, since my wife will be applying for US citizenship next year so we will all have the same citizenship/passport.

 

If our child were born on Chinese soil in the US before my wife got her green card, our child would have been considered a Chinese citizen, at least until the age of 18. I'm not sure if this is the same in HK.

 

With regards to taking the kid back to HK... it'd be better if you had the explicit permission of the father. If you took the child back without the permission of the father, it's technically international kidnapping/abduction. HK/China are not part of the Hague Convention so take that news however you may. 

My advice? See a marriage counselor. With the way things are going in HK I have no idea why you'd be going against traffic.

Edited September 18, 2021 by RamonGomez

[PollyC 119]

26 minutes ago, RamonGomez said:

My wife is from mainland China, but because our kid was born AFTER she got her US green card, our kid is NOT considered to be a Chinese citizen. So our kid needs a tourist visa or family reunion visa to go back to China. And this is great, since my wife will be applying for US citizenship next year so we will all have the same citizenship/passport.

 

If our child were born on Chinese soil in the US before my wife got her green card, our child would have been considered a Chinese citizen, at least until the age of 18. I'm not sure if this is the same in HK.

 

With regards to taking the kid back to HK... it'd be better if you had the explicit permission of the father. If you took the child back without the permission of the father, it's technically international kidnapping/abduction. HK/China are not part of the Hague Convention so take that news however you may. 

My advice? See a marriage counselor. With the way things are going in HK I have no idea why you'd be going against traffic.

That’s very true. I never thought about the explicit permission. Thanks for remind me that! And yea things are still messy back in Hong Kong. 
 

Just out of topic, im not sure if I want to save this marriage cos I gave him so many chance to get sober and he’d never listen to me and lately he even started abuse me.  

[RamonGomez 259]

3 minutes ago, PollyC said:

That’s very true. I never thought about the explicit permission. Thanks for remind me that! And yea things are still messy back in Hong Kong. 
 

Just out of topic, im not sure if I want to save this marriage cos I gave him so many chance to get sober and he’d never listen to me and lately he even started abuse me.  

I wish you the best. Alcohol issues are absolutely awful, and my wife (a very loud Guangdong/Cantonese lady) would also NEVER put up with alcoholism in the family so I can understand you ☹️  BTW I'm sorry if I sound ignorant on this topic, but does HK have any consulates in the USA? If they do, you may want to ask them about your situation, especially any issues involving citizenship of your child.

 

Sometimes I miss our time in HK so much. My wife has family that lives in Tseung Kwan O (part of her family left the mainland for HK many, many years ago), some of the best memories of my life were the time we spent over there.

 

I wish you the best of luck and hope that things work out for you and your family 🙏

[PollyC 119]

33 minutes ago, RamonGomez said:

I wish you the best. Alcohol issues are absolutely awful, and my wife (a very loud Guangdong/Cantonese lady) would also NEVER put up with alcoholism in the family so I can understand you ☹️  BTW I'm sorry if I sound ignorant on this topic, but does HK have any consulates in the USA? If they do, you may want to ask them about your situation, especially any issues involving citizenship of your child.

 

Sometimes I miss our time in HK so much. My wife has family that lives in Tseung Kwan O (part of her family left the mainland for HK many, many years ago), some of the best memories of my life were the time we spent over there.

 

I wish you the best of luck and hope that things work out for you and your family 🙏

Yes we do have a us consulate there in Hong Kong. Maybe I can email them asked them about it. 
from all the comment you guys gave to me seems like my son just has the us citizenship. But not hurt to ask  

[RandyW 149]

US citizenship is determined by the citizenship laws of the United States, as you are aware.

 

Under the Chinese Nationality Law, the child IS a Chinese citizen, unless you have taken up residence (held a green card at the timr of birth) in the US.

 

IF the child is a Chinese citizen, the US citizenship will not be recognized in China until and unless the Chinese citizenship is renounced.