Chinese Visa Denied

[NAT2016 18]

6 minutes ago, RandyW said:

 

 

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.

I don't know what an Exit visa is and never heard of it.   I didn't see the owner of the post mentioned his son has Chinese citizenship.  Maybe he was born in China but derived U.S. citizenship from father, and that's why you mentioned renounce Chinese citizenship?

[RandyW 149]

8 hours ago, NAT2016 said:

I don't know what an Exit visa is and never heard of it.   I didn't see the owner of the post mentioned his son has Chinese citizenship.  Maybe he was born in China but derived U.S. citizenship from father, and that's why you mentioned renounce Chinese citizenship?

 

 

The child is a dual citizen of both China and the U/S. Under Chinese law, his son IS a Chinese citizen. The Chinese Nationality Law does NOT allow dual citizenship, and so the Chinese authorities WON'T recognize his American passport, until his Chinese citizenship is renounced.

 

He was born in the U.S., but his mother had not yet "settled in a foreign country" - meaning she had not been awarded a green card. Under Article 5 of the Chinese Nationality Law, he IS a Chinese citizen.

 

Read the earlier posts in the thread. 

 

To the OP - I expect that you will know how all this will transpire when you go to the interview at the consulate in the U.S. This seems to be a fairly recent snag in their policies regarding dual nationality situations.

 

The case of a child born in the U.S and not having their American citizenship recognized by the Chinese authorities is fairly rare, since it would only happen with a K-1 (or other non-immigrant visa) who had not yet been awarded a green card.

A child born in China simply gets an Exit visa from the PSB, which INCLUDES paperwork renouncing their citizenship - see the video I posted earlier. But even there, there have been cases where the exit visa was DENIED. and the parents had to get a Chinese passport for the child and a "pro-forma" visitor's visa in that passport.

 

[Chris and ZhiJia 146]

On 4/19/2017 at 10:56 PM, RandyW said:

 

 

The child is a dual citizen of both China and the U/S. Under Chinese law, his son IS a Chinese citizen. The Chinese Nationality Law does NOT allow dual citizenship, and so the Chinese authorities WON'T recognize his American passport, until his Chinese citizenship is renounced.

 

He was born in the U.S., but his mother had not yet "settled in a foreign country" - meaning she had not been awarded a green card. Under Article 5 of the Chinese Nationality Law, he IS a Chinese citizen.

 

100% this, we just went through this exact process. The Chinese government will not issue him a Visa until he applies for one and his mother shows her Entry Visa with Stamps, as well as her Green Card. If the Green Card is not presented when you apply for a Chinese Visa, they will flat out reject it, and you will be forced to apply for a Travel Document.

 

It is worth noting that if you cannot make a second trip to the Consulate, the current wait to receive a Travel document by mailing in the documents is approximately 30 days.

 

Now, here is the other important factor. Your son's plane ticket must be booked under his Chinese travel document, because they will not issue a ticket to a US passport holder, that does not have a registered Chinese Visa (yes they check). My Wife made this mistake and booked his ticket under his US passport, we had to spend 40 minutes at the counter while they redid his booking under his Chinese Travel Document (which is valid for 2 years and counts as a Chinese Passport).

 

Getting him a Chinese Visa is the most advisable way, but if his Mother's green card has not yet arrived in the mail, you have no other option but to get a Travel Document.