China Visa for Minor (anyone gone through this yet)

[Chris and ZhiJia 146]

So as the topic implies. We are in the process of trying to get a China Visa for our Son (8 months old). He currently has his US Passport. We have filed for my Wife's EAD, AP, and AOS.

 

EAD, and AP have both been granted, she has her EAD card with I-551 on the bottom.

AOS is still several months away before an interview is even scheduled.

 

We submitted the application for our Son's China Visa, and they immediately rejected it, saying we must provide a copy of my Wife's GreenCard, which we obviously won't have. We are just trying to arrange for our Son to travel back home with his mother to visit the other half of the family.

 

We are in the process of preparing copies of our AOS NOA1, as well as the EAD/AP NOA1's, and NOA2's. Can anyone else who has gone through this process provide any additional information?

 

Thank you,

[Ryan H 3,819]

The Embassy is going to want a copy of your wife's Green Card with your son's visa application, nothing else will be sufficient.

Edited March 14, 2017 by Ryan H

[RandyW 149]

They need proof of legal presence - try the EAD, AP, and a copy of her K-1 visa.

 

That should be enough, but you are at the mercy of the person behind the counter. If you are using a visa service, don't. Go to the consulate yourself.

 

Your son was born in the U.S., correct?

[Chris and ZhiJia 146]

14 minutes ago, RandyW said:

They need proof of legal presence - try the EAD, AP, and a copy of her K-1 visa.

 

That should be enough, but you are at the mercy of the person behind the counter. If you are using a visa service, don't. Go to the consulate yourself.

 

Your son was born in the U.S., correct?

Yes or son has his US passport. We provide them with a copy of her EAD, AP, and K1, they still asked for green card. We can't go to the consulate, it's 700 miles, and I don't have enough vacation time to take off to drive there.

[RandyW 149]

7 minutes ago, Chris and ZhiJia said:

Yes or son has his US passport. We provide them with a copy of her EAD, AP, and K1, they still asked for green card. We can't go to the consulate, it's 700 miles, and I don't have enough vacation time to take off to drive there.

 

 

If he was born in China, you will need to show his exit visa.

 

Again, though, proof of legal presence (your wife's) is what is required.

[Chris and ZhiJia 146]

8 minutes ago, RandyW said:

 

 

If he was born in China, you will need to show his exit visa.

 

Again, though, proof of legal presence (your wife's) is what is required.

We sent his birth certificate from the hospital here in Tennessee where he was born. As well as a copy of his SSN, the only hold up is the wife, we are sending copies of our filing documents to show her status, because they either didn't look at the EAD card, or didn't care about it.

[Chris and ZhiJia 146]

We just had a talk, and if they won't accept the documents as enough proof, we will get him a Travel Document, since her greencard has not been issued, he is still eligible for the Travel Document. Unfortunately, to get this, we will need to schedule time for a road trip.

[RandyW 149]

 

Here is the Wikipedia version of China's Nationality Law

 

https://en.wikipedia.org/wiki/Nationality_law_of_the_People's_Republic_of_China#Birth_abroad_to_Chinese_nationals

 

Quote

 

Chinese nationality law states that a person born abroad is a Chinese national through jus sanguinis if:

• The person is born outside China with at least one parent who has Chinese nationality, and the parent (or parents) with Chinese nationality has not yet settled in a foreign country (Article 5),

 

 

which seems to say that his American citizenship won't be recognized - he will be considered a Chinese citizen, possibly even AFTER  she gets her green card (since she didn't have it at the time of birth). If that IS the case, you may need to renounce his Chinese citizenship.

 

Renouncing citizenship, for American citizens born in China to ONE Chinese parent, is part of the process of obtaining an exit visa (simply signing the paperwork involved in getting the exit visa).

 

I'm not sure how this will transpire in your case. An Entry AND Exit travel document would be nice, but make SURE his mother has his American passport. The American consulate in China can help with what is known as a "pro-forma" vistor's visa, if it comes to that.

 

 

 

 

Edited March 14, 2017 by RandyW

[Chris and ZhiJia 146]

2 hours ago, RandyW said:

 

Here is the Wikipedia version of China's Nationality Law

 

https://en.wikipedia.org/wiki/Nationality_law_of_the_People's_Republic_of_China#Birth_abroad_to_Chinese_nationals

 

 

which seems to say that his American citizenship won't be recognized - he will be considered a Chinese citizen, possibly even AFTER  she gets her green card (since she didn't have it at the time of birth). If that IS the case, you may need to renounce his Chinese citizenship.

 

Renouncing citizenship, for American citizens born in China to ONE Chinese parent, is part of the process of obtaining an exit visa (simply signing the paperwork involved in getting the exit visa).

 

I'm not sure how this will transpire in your case. An Entry AND Exit travel document would be nice, but make SURE his mother has his American passport. The American consulate in China can help with what is known as a "pro-forma" vistor's visa, if it comes to that.

 

 

 

 

From the China-Embassy.org website

 

Quote

The Law also provides that a person whose parents are both Chinese nationals and have both settled abroad (obtained U.S Green Card), or one of whose parents is a Chinese national and has settled abroad(obtained U.S Green Card), and who has acquired foreign nationality at birth shall not have Chinese nationality. The child will be eligible for a Chinese visa. Below are the documents required for visa applications:

 

He is still eligible for the Travel Document until the Greencard is approved. However, once the greencard is approved, he loses his rights to his Chinese Nationality. Atleast that is my interpretation.

[RandyW 149]

12 minutes ago, Chris and ZhiJia said:

From the China-Embassy.org website

 

 

He is still eligible for the Travel Document until the Greencard is approved. However, once the greencard is approved, he loses his rights to his Chinese Nationality. Atleast that is my interpretation.

 

The Travel Document is issued to Chinese citizens. If you can get an Entry AND Exit Travel Document (allowing the child to LEAVE at the end of the visit), then you are in good shape.

 

If not, your wife may need to go to the PSB in her home town and apply separately for the Exit Visa. 

 

Chinese Nationality isn't simply lost - you may need to renounce it at the PSB in her home town. Again, though, that is usually done as part of the process of acquiring an Exit Visa. It seems to all hinge on how easily you can get an exit visa for the trip home.

 

I don't think we've heard of a case where a child is born BEFORE the mother adjusts status on the U.S., so you are blazing new territory there.

 

Pro-forma visas HAVE been issued in cases where the child was REQUIRED to get a Chinese passport.

 

This video is from an American citizen with a child born in China

 

 

 

What catches my eye in all this is this clause - "one of whose parents is a Chinese national and has settled abroad(obtained U.S Green Card), and who has acquired foreign nationality at birth". Under Chinese law, your wife DID NOT have a green card, and so the child DID NOT acquire foreign nationality at birth (under Chinese law).

 

 

[Chris and ZhiJia 146]

5 minutes ago, RandyW said:

 

The Travel Document is issued to Chinese citizens. If you can get an Entry AND Exit Travel Document (allowing the child to LEAVE at the end of the visit), then you are in good shape.

 

If not, your wife may need to go to the PSB in her home town and apply separately for the Exit Visa. 

 

Chinese Nationality isn't simply lost - you may need to renounce it at the PSB in her home town. Again, though, that is usually done as part of the process of acquiring an Exit Visa. It seems to all hinge on how easily you can get an exit visa for the trip home.

 

I don't think we've heard of a case where a child is born BEFORE the mother adjusts status on the U.S., so you are blazing new territory there.

 

Pro-forma visas HAVE been issued in cases where the child was REQUIRED to get a Chinese passport.

 

This video is from an American citizen with a child born in China

 

 

 

What catches my eye in all this is this clause - "one of whose parents is a Chinese national and has settled abroad(obtained U.S Green Card), and who has acquired foreign nationality at birth". Under Chinese law, your wife DID NOT have a green card, and so the child DID NOT acquire foreign nationality at birth (under Chinese law).

 

 

 

Yeah, it's all a bit funky. I will keep you apprised of the situation based on how things go today. I have already started working with my boss to arranged time for a trip to the embassy, depending on how things go with the Agency. Of course, if we lived closer than 11 hours away from DC, we would definitely go in person to file the paperwork, but an 11 hour road trip that may result in a 1-2 day stay is not not feasible right now, and I have used the same Agency in the past to process my China visa, which went off without a hitch.

[RandyW 149]

There are some cases on CFL you may want to take a look at - here's one http://candleforlove.com/forums/topic/48797-documents-for-children-for-10-month-stay-in-prc/page-2

 

The first link on that page is a good one if you want to study up on the issue, although it doesn't address your situation.

 

If you research other sites, keep in mind that most of the horror stories are BRITISH CITIZENS, who the Chinese treat MUCH more rigidly than they do Americans, regarding their children's dual citizenship.

[Chris and ZhiJia 146]

Ok, I just spoke with the Embassy. They stated that because she has not received Permanent Resident status yet, we must apply for a Travel Document in person.

[RandyW 149]

7 minutes ago, Chris and ZhiJia said:

Ok, I just spoke with the Embassy. They stated that because she has not received Permanent Resident status yet, we must apply for a Travel Document in person.

 

 

Did you ask if it INCLUDES an exit visa to allow him to return to the U.S.?

[Chris and ZhiJia 146]

8 minutes ago, RandyW said:

 

 

Did you ask if it INCLUDES an exit visa to allow him to return to the U.S.?

I told her he was going to be going for a visit and returning to the US after a 2 month stay, that is when she said he needs a travel document.