Chinese Visa Denied

[kaotic3 0]

Hello Visa Journey,

 

I went to the Chinese Consulate the other day and they said my son can only apply for a Travel Document and not a Visa... My son and I am a U.S. citizen and my wife is a U.S. Permanent Resident. Even though my son is a U.S. citizen they said I needed a travel document for him to enter China. Why won't they issue him a Visa instead?

 

I planned my trip 2 months ago and now they are requesting me to sign up for a travel document and that takes over a month for a interview. What should I do to get a faster interview date? Our trip is planned for May 27th and our interview date is May 25, so do i need to cancel my tickets or do they have a same day service for travel document? 

[RandyW 149]

Travel documents are issued to Chinese citizens. Visas are issued when they recognize his American citizenship. Get the visa if at all possible.

 

You don't say WHERE your son was born. If he was born in China, he should have an Exit Visa and you should have paperwork renouncing his Chinese citizenship.

 

Show them the Exit Visa (if you have one), his American passport, and her green card. If he was born in the U.S., you may need to sign a form to renounce his Chinese citizenship.

 

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)

 

The green card is evidence that she HAS settled in a foreign country.

 

You will need to NOT use a visa service - go to the consulate yourself.

Edited April 18, 2017 by RandyW

[kaotic3 0]

My son was born in the United States. However, my wife didn't have a permanent resident card yet until after our son was born. Her case was delayed due to a NOA, but she did have a valid EAD card with an I-512 advance parole.  

[RandyW 149]

The green card is what is necessary to prove that she has "settled in a foreign country". Make sure they know that his mother has it NOW! Renounce his Chinese citizenship. if they'll let you.

 

If they require you to get a travel document ANYWAY, then she may need to go to the PSB in China to renounce his citizenship and get an Exit visa.

 

Until you can get an actual VISA in his U.S. passport, it means that they do NOT recognize his U.S. citizenship.

Edited April 18, 2017 by RandyW

[kaotic3 0]

I have an appointment  to apply for a travel document May 25, but we booked out flights months ago to leave on May 27th. Is it possible to get a travel document on the same day or in one day?

[RandyW 149]

This is more just reading material at this point, since it's primarily concerned with children born in China, but you may find something helpful in it - http://lawandborder.com/applying-exit-entry-permit-child/

 

It says 5 working days, but that's for applying for a travel document at the PSB in China.

[kaotic3 0]

Thanks for the information. You have been a great help!

[NAT2016 18]

2 minutes ago, kaotic3 said:

Thanks for the information. You have been a great help!

My friend had the same situation.  If one of the parents was born in China and/or green card holder, the child needs to apply for travel document.  However, the kid got Chinese visa after that for her later trips to China.  Maybe it's just for the first trip. 

[kaotic3 0]

58 minutes ago, NAT2016 said:

My friend had the same situation.  If one of the parents was born in China and/or green card holder, the child needs to apply for travel document.  However, the kid got Chinese visa after that for her later trips to China.  Maybe it's just for the first trip. 

I was told he needed to get a a travel document until he was 16 years old. Do you know if the the child was born before one of the parents received their green card?

[NAT2016 18]

4 minutes ago, kaotic3 said:

I was told he needed to get a a travel document until he was 16 years old. Do you know if the the child was born before one of the parents received their green card?

You can find helpful information on embassy website, instead of taking some unsure answers from me : )

在美国出生的中国籍儿童　　

一、适用情形：　　

　　在美国出生，父母双方或一方为中国公民的儿童，且儿童出生时，父母中的中国公民双方或一方未取得美国“绿卡”或其他国家永久居留权。　　

　　在中国出生的中外混生儿童，适用情形同上。　　

　　适用于上述情形的中国血统儿童，申请回中国应申办旅行证。不适用的，申请回中国应申办签证（点此处查看赴华签证手续）。　　

[RandyW 149]

10 hours ago, kaotic3 said:

I was told he needed to get a a travel document until he was 16 years old. Do you know if the the child was born before one of the parents received their green card?

 

 

Exit visas to go to the U.S. are not given to Chinese citizens. You need to get out of that loop as soon as possible by renouncing his citizenship. This can be done (hopefully) at the Consulate before you leave. If not, you should go to the PSB and get it taken care of. At the VERY least, this travel document should also allow her to return to the U.S.

 

But part of the process of ISSUING the exit visa includes a RECOGNITION of that American citizenship. They have been known to refuse to issue exit visas - the parents had to get a Chinese passport for their child, and then get what is known as a pro-forma Visitor's visa from the American consulate - see http://candleforlove.com/forums/topic/46311-new-policy-for-chinese-born-baby-for-exit/?hl=%26quot%3Bexit+visa%26quot%3B

 

According to C-Milk here, part of the process of getting the exit visa from China includes renouncing the baby's Chinese citizenship (one of the forms you sign when getting the exit visa). https://youtu.be/7QMGD_I9YF0

 

 

Edited April 19, 2017 by RandyW

[NAT2016 18]

On 4/18/2017 at 8:15 AM, kaotic3 said:

Hello Visa Journey,

 

I went to the Chinese Consulate the other day and they said my son can only apply for a Travel Document and not a Visa... My son and I am a U.S. citizen and my wife is a U.S. Permanent Resident. Even though my son is a U.S. citizen they said I needed a travel document for him to enter China. Why won't they issue him a Visa instead?

 

I planned my trip 2 months ago and now they are requesting me to sign up for a travel document and that takes over a month for a interview. What should I do to get a faster interview date? Our trip is planned for May 27th and our interview date is May 25, so do i need to cancel my tickets or do they have a same day service for travel document? 

Now let's go to your second part of question:

Only under a few situations you can request expedite service, which are all listed on the consulate website and I think family emergence is one of them.  They need to see the documents from hospital or doctor's note.  The interview for travel document is new because I don't think my friend went through it 10 years ago.  They usually issue the document within one week.  

So far, for your son he will need the following documents:

Chinese entry: U.S. passport, Travel document (booklet) issued by Chinese consulate

Chinese exit: U.S. passport

U.S. entry: U.S. passport

[kaotic3 0]

26 minutes ago, NAT2016 said:

Now let's go to your second part of question:

Only under a few situations you can request expedite service, which are all listed on the consulate website and I think family emergence is one of them.  They need to see the documents from hospital or doctor's note.  The interview for travel document is new because I don't think my friend went through it 10 years ago.  They usually issue the document within one week.  

So far, for your son he will need the following documents:

Chinese entry: U.S. passport, Travel document (booklet) issued by Chinese consulate

Chinese exit: U.S. passport

U.S. entry: U.S. passport

Thanks for the info.

[NAT2016 18]

11 minutes ago, kaotic3 said:

Thanks for the info.

I see you have asked the similar question last year already and just posted a review for Guangzhou interview?

[RandyW 149]

5 hours ago, NAT2016 said:

Now let's go to your second part of question:

Only under a few situations you can request expedite service, which are all listed on the consulate website and I think family emergence is one of them.  They need to see the documents from hospital or doctor's note.  The interview for travel document is new because I don't think my friend went through it 10 years ago.  They usually issue the document within one week.  

So far, for your son he will need the following documents:

Chinese entry: U.S. passport, Travel document (booklet) issued by Chinese consulate

Chinese exit: U.S. passport

U.S. entry: U.S. passport

 

 

WHOA there! The U.S. passport will not have an Entry stamp in it. He will need an Exit visa, either from the original (Entry/Exit) Travel Document from the Consulate, or he will need to apply for a separate Exit document from the PSB in China. 

 

The U.S. Passport can NOT be used to Enter OR Exit China until he has renounced his Chinese citizenship.