(Pro Forma Visa) Infant Son Returning to China Without an Entry Stamp in Passport

[Dobee 0]

To keep things brief I live and work in China with my wife (who is Chinese) and now my 4 month old son.  We wanted him to have dual nationalities for the time being and he currently does, two passports and what not. (I know I know "But China doesn't recolonize dual citizenship!" I can hear it now.) Anyway I got my son a pro forma visa to the USA to allow him to leave the country on his Chinese passport. 

    Now by law he needs to arrive on his US passport. This leaves me with a slight problem as when returning to China they will see that he has no entry stamp in his Chinese passport.  I have heard from someone (who did this recently) that they really wont care and just kind of let you by.  So my main question, have any of you all tried this before?  Getting the pro forma visa, traveling, and then returning?  If so when and how did you do this (mainly concerned about the return of course).      

If you have knowledge about my question let me know!  

 

Many thanks! 

 

[givionte 138]

It's ok to do until you finally make a mistake and show the wrong passport at the window, or answer a question wrongly.  They may begin to question where your child is going, and it often leads to the officer finding out child has dual citizenship, and asking you to fill out a form and renounce their citizenship right there and then and hand over the Chinese passport, since it's illegal in China.  You won't be detained or fined or anything bad, but this is the scenario others have encountered.

[RandyW 149]

A "pro forma visa" is simply a Visitor's Visa issued to an American citizen.

 

You will most likely need at some point, if you travel back and forth, to renounce one of the two citizenships. It can be reclaimed after the age of 18, although that is where you hit the "But China doesn't recolonize dual citizenship!".

To renounce the Chinese citizenship, you will most likely need to do this at the PSB Entry & Exit office where the child's hukou is registered with both you and your wife present. Some will tell you it takes up to a year, if they claim it has to be approved by Beijing. Getting caught at the border, like givonte describes, may turn out to be a fortunate convenience, except that the child would need a travel document.

 

For now, though, you can ask at the Chinese consulate in the U.S. for a travel document, allowing entry into China.

Edited June 25, 2019 by RandyW

[RandyW 149]

Another thing you can do is to ask at the U.S. POE if the child can enter using the visitor's Visa in their Chinese passport.. while showing them both.

[SusieQQQ 11,586]

48 minutes ago, RandyW said:

Another thing you can do is to ask at the U.S. POE if the child can enter using the visitor's Visa in their Chinese passport.. while showing them both.

By law USC must enter with US passport even if a dual national. 

[RandyW 149]

They may be surprised - with, say, an entry stamp in both passports.

Then again, maybe not.

[Dobee 0]

Thanks for your responses !!!  So the consistence is still ambiguous then.  Basically I will show back up in China with my son (without an entry stamp in his Chinese passport) and basically play dumb.  I think that will work but they might question me more than others.  What are they going to do, bar entry of a Chinese national.  I will just put his US passport in our checked luggage so even if we are searched there is nothing they can find to prove he has a nationality conflict.  (Its risky in the since that they could lose the luggage but ... we could always go through the hassle of getting a new one if that does happen. If they really wanted to they could search our checked bags too but ... i doubt it.)   

[SusieQQQ 11,586]

Even Western countries search checked luggage on occasion. What makes you think China won't?

[Dobee 0]

23 hours ago, SusieQQQ said:

Even Western countries search checked luggage on occasion. What makes you think China won't?

Yes, searching luggage on occasion for dangerous or illegal materials is standard globally.  Searching luggage for the specific goal of uncovering evidence for a nationality conflict is another thing entirely.  I just think its unlikely they will do that (in the event they notice my son doesn't have an entry stamp into the US).    

Edited July 4, 2019 by Dobee

[SusieQQQ 11,586]

5 minutes ago, Dobee said:

Yes, searching luggage on occasion for dangerous or illegal materials is standard globally.  Searching luggage for the specific goal of uncovering evidence for a nationality conflict is another thing entirely.  I just think its unlikely they will do that (in the event they notice my son doesn't have an entry stamp into the US).    

Australia searches for evidence of people looking for work (watch Border Security). China doesn’t seem to have a Border Security show, but I’m guessing they search what they want when they want judging from other news about what they do, Anyway ... you’re going into this with your eyes open about the ramifications and just hoping you don’t get caught, I’m not sure what advice anyone can really give you.