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Mitch0526

Travel Document Options for Chinese National Born of US Citizen

By Mitch0526 in Bringing Family Members of US Citizens to America

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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

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Filed: F-2A Visa Country: Philippines
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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

 

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EM_Vandaveer Experienced

EM_Vandaveer   2,408

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Filed: Citizen (apr) Country: Hungary
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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.

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apple21 Veteran

apple21   953

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Filed: F-2A Visa Country: Philippines
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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

 

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apple21 Veteran

apple21   953

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Filed: F-2A Visa Country: Philippines
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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

 

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Mitch0526 Explorer

Mitch0526   1

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Filed: K-1 Visa Country: China
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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.

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apple21 Veteran

apple21   953

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Filed: F-2A Visa Country: Philippines
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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

 

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Mitch0526 Explorer

Mitch0526   1

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Filed: K-1 Visa Country: China
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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?

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