Travel Document Options for Chinese National Born of US Citizen

[RandyW 149]

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.

From the Dept of State

According to U.S. law, a CRBA is proof of U.S. citizenship and may be used to obtain a U.S. passport and register for school, among other purposes.

It is basically an American-issued birth certificate, which includes the SAME information as is on the Chinese birth certificate (which is bi-lingual), but can also be used as proof of American citizenship at birth. It will NOT cause you any grief with the Chinese authorities.

Edited October 19, 2016 by RandyW

[Mitch0526 1]

Thank you. Things make a lot more sense now!

Would it be possible to pursue a B-2 Tourist Visa for the US at the same time as the CRBA? I would like to do them both as soon as possible just in case we need to make a random emergency trip to the US. Also, traveling that long of a distance twice in a short time with a newborn is not something we would like to do, if possible.

Edited October 19, 2016 by Mitch0526

[Jojo92122 1,924]

You will need to pick either US citizenship or Chinese citizenship. The reason is that China does not allow dual citizenship. China does not allow a child to have dual citizenship until age 18 (like Japan does). You have to pick now.

IMHO - it would be a big mistake to hide the US passport/US citizenship from the Chinese Government. It will not take them long to see a Chinese parent leaving China for the US with a "dual citizen child" who does not have a US visa in a Chinese passport. Don't mess with the Chinese Government.

You can't have everything because the Chinese Government does not allow any form of dual citizenship. It's either the China passport or the US passport.

http://www.latimes.com/world/asia/la-fg-china-citizenship-20150419-story.html

[Mitch0526 1]

Right, so what RandyW was suggesting was to only get a Chinese passport with a US tourist visa. Technically our daughter is already a dual citizen because of her parents.

[RandyW 149]

Thank you. Things make a lot more sense now!

Would it be possible to pursue a B-2 Tourist Visa for the US at the same time as the CRBA? I would like to do them both as soon as possible just in case we need to make a random emergency trip to the US. Also, traveling that long of a distance twice in a short time with a newborn is not something we would like to do, if possible.

You can apply for the B-2 visa as soon as she has a Chinese passport.

You can apply for the CRBA at any time up to the age of 18 - or not at all - see https://travel.state.gov/content/passports/en/abroad/events-and-records/birth.html

[Mitch0526 1]

Ok, we will try and set everything up on the same day then. Thanks for all your help RandyW!

[jan22 3,056]

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.

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 US; otherwise, they must get one.

What dual nationals do is leave the other country on that country's passport (while showing the airline the US passport, to prove the ability to enter the US), use the US passport to enter and leave the US, and enter the other country with that passport.

[Mitch0526 1]

Jan22, we have two priorities in our situation. Keep the Child's Chinese nationality and her be able to travel to the US. What would you think is the best approach?

[RandyW 149]

Jan22, we have two priorities in our situation. Keep the Child's Chinese nationality and her be able to travel to the US. What would you think is the best approach?

You haven't said what your long term plans are - specifically, WHY you want to keep her Chinese nationality.

Another thing to consider is to go ahead and get the American passport - renounce the Chinese citizenship, and get an exit permit (travel document) to travel to the U.S. She can live in China indefinitely on a residence permit from the PSB. If, for example, the plan is to move back to the U.S. when she reaches school age, this may be the best option.

A "pro forma" visa is the name given to a visa issued to an American citizen. In this case, it would be a B-2 visa in her Chinese passport.

This was the word from the Consulate in 2006 - http://candleforlove.com/forums/topic/17969-us-citizen-born-in-china/?p=216436

For a child who has both a US and a Chinese passport, if it is the first time for the child to exit China, they will need to come to the Consulate's American Citizen Services Unit (ACS) to make arrangements for a "pro forma" visa. If the child has already been to the US and is now traveling to China, the child should use the US passport when entering and exiting China.

Unfortunately, when applying for a Chinese visa in her American passport, the Chinese passport would need to be submitted - and voided before being returned.

Edited October 20, 2016 by RandyW

[Jojo92122 1,924]

You haven't said what your long term plans are - specifically, WHY you want to keep her Chinese nationality.

Another thing to consider is to go ahead and get the American passport - renounce the Chinese citizenship, and get an exit permit (travel document) to travel to the U.S. She can live in China indefinitely on a residence permit from the PSB. If, for example, the plan is to move back to the U.S. when she reaches school age, this may be the best option.

A "pro forma" visa is the name given to a visa issued to an American citizen. In this case, it would be a B-2 visa in her Chinese passport.

This was the word from the Consulate in 2006 - http://candleforlove.com/forums/topic/17969-us-citizen-born-in-china/?p=216436

Unfortunately, when applying for a Chinese visa in her American passport, the Chinese passport would need to be submitted - and voided before being returned.

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 be issued to an American citizen in a foreign passport. That's US laws.

[RandyW 149]

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 be issued to an American citizen in a foreign passport. That's US laws.

You can believe it or not, as you wish. Their participation in the forum was discontinued in 2009.

Greetings from the U.S. Consulate

Started by USCONGUZ, Oct 14 2005 10:49 AM

Dear Candle for Love Members,

The U.S. Consulate in Guangzhou, China is interested in participating in your online discussion forum. We appreciate the effort and time members of this web site spend supporting each other and attempting to understand this necessarily long and demanding process. Immigration to the United States is a very sought after and desirable commodity throughout the world. Due to the necessity of safeguarding America from harm, the massive volume of applications, and the requirement to make sure every applicant is indeed qualified, the process is rather complicated. The Consulate understands that due to the complicated nature of the process, misunderstandings and untrue rumors are easily spread. Through participation in your online forum, we hope to assist you by clearing up these misunderstandings, answering questions about the process, and providing updates about the process as required. However, due to the large number of petitioners and applicants active on this group, we will not be able to answer questions about individual cases. We will try to at least check this forum once a week to scan for questions and offer help. However, the answers to most questions can be found in our website抯 FAQ section. There are three websites; one for immigrant visas, one for K visas, and one for our contact information. The URL抯 for these sites can be found below. We hope we can assist you in this process and perhaps make it a little more pleasant.

Sincerely,

U.S. Consulate, Guangzhou, China

A "pro forma" visa - issued to an American citizen. This was in 2013, when they first began tightening the policy with regards to allowing Chinese-born American citizens to exit the country.

http://candleforlove.com/forums/topic/46311-new-policy-for-chinese-born-baby-for-exit/?p=607693

Edited October 20, 2016 by RandyW

[Mitch0526 1]

We have no intentions of moving back to the US. We plan on staying in China long-term and possibly receive her schooling here. We consider China our home. We just want to return to the US for month-ish visits every couple of years. Therefore, we feel like the best plan would be to have our daughter to firstly pursue Chinese nationality, since this is our home for the long-term and she can receive the benefits from being a citizen of the country she spends the majority of her time in. Of course, anything could happen and we would have to move to the US.

[RandyW 149]

We have no intentions of moving back to the US. We plan on staying in China long-term and possibly receive her schooling here. We consider China our home. We just want to return to the US for month-ish visits every couple of years. Therefore, we feel like the best plan would be to have our daughter to firstly pursue Chinese nationality, since this is our home for the long-term and she can receive the benefits from being a citizen of the country she spends the majority of her time in. Of course, anything could happen and we would have to move to the US.

I expect you'll be able to get the B-2 visa for her. Also that getting an American passport would be the LAST thing you'd want to do, because of the effect it might have on her Chinese residence.

Good luck, and let us know how it goes.

[Mitch0526 1]

I emailed the US Embassy and they said that if I apply for the CRBA, I would need to also apply for a US passport as well. They also said in this case I wouldn't be able to apply for a US tourist visa since my daughter would be a US citizen.

RandyW, it looks like your plan wouldn't work, unfortunately. So we will just have to stick with Chinese citizenship, Chinese passport and US tourist visa only.

[jan22 3,056]

I emailed the US Embassy and they said that if I apply for the CRBA, I would need to also apply for a US passport as well. They also said in this case I wouldn't be able to apply for a US tourist visa since my daughter would be a US citizen.

RandyW, it looks like your plan wouldn't work, unfortunately. So we will just have to stick with Chinese citizenship, Chinese passport and US tourist visa only.

?? But you just said yourself that the consulate told you you would not be able to get a tourist visa for your daughter since she is a US citien.

You cannot choose to give up her US citizenship for her -- she will be able to do that at age 18, but not before.