If child born in China

[wulongtea]

My fiancee and I were talking about this today, and we did not know what would happen.

 

If we have a child, and the child was born in China, what does that mean?

 

First, is the child a US or Chinese citizen?

 

Second, if we want to travel back to the US, what would we need?

 

If a US citizen, then we would need to get a US passport. I assume we can apply and get that at the US consulate (I hope not just GuangZhou!)

 

If a Chinese citizen, then do we need to apply for a tourist visa or immigrant visa for our child? (I hope also not at the Guangzhou consulate)

 

If the child is a US citizen, and we get a passport, the passport will be empty, without any visa. So then what happens at the passport check? They will look for a visa but not find any? What do we do then?

 

If there are online reference or links to this, or if anyone else has experience with this, that would be great.

 

Thanks,

WuLongTea

[Dan R]

Are you talking about while you wait for the K visa or later if she goes back to China to have the baby? This is a big difference.

[The Jeff]

Birth

 

Try this link from the embassy web page. You may have to be married and then go back to the states when your wife is pregnant. My wife and I thought about this for a while, but then decided against it.

 

Besides, your kid may be president some day. Why take away that chance?

[Dan R]

Great link. Looks like no problem registering as an American citizen if one parent is a citizen and the parents are married. Since for President you must be born in the U.S. they could not become the first Chinese/American President of America. But would anyone wish that on their own child? Although a Chinese/American President of China would be interesting. By that time China could well be the world's leader in economics,population, international trade, enviromental sustainability and military.

[david_dawei]

How to Get a Certificate of Citizenship for Your Child

http://uscis.gov/graphics/publicaffairs/fa...eets/chowto.htm

 

The Child Citizenship Act

http://frwebgate.access.gpo.gov/cgi-bin/ge...d=f:publ395.106

[wulongtea]

Thanks for the link, that clears up some things.

 

We are not planning for this now, and we will be married when that time should come, so that is not a problem.

 

I also would not want my child to be president (but that is just my personal view)

 

So from this information, it seems the child is automatically a US citizen, since i am a US citizen. But can the child also be a Chinese citizen? I know China has the rule about dual citizenship, but do we have a choice is choosing for the child if he or she is a US or Chinese citizen? It would seem that being born in China, and since the mother would be Chinese, that that would at least be a choice.

 

Assuming we get the US passport as described by the link, the passport would be empty, without a temp visa or resident visa. So what happens then when we want to leave the country and there is no visa for the child to have entered (because he or she was born) or no visa to stay in the country.

 

At the time of the birth, do we need to get some kind of permit or visa to allow the baby to stay in china?

 

We are thinking of this, since there is a good chance my company will want for me to go work in China in the future for some unknown amount of time. So if we are in China for a few years, I just want to think ahead and be prepared for what could happen.

 

If the process is too complicated, then we could always come back here, stay with my brother and have the child and then go back to China to continue working.

[bubbafred10]

Interesting question. But I want to know if the baby born in China would become Chinese citizen. If so, then that child may someday, when grown up, can become the Premier of China.

[bubbafred10]

But would anyone wish that on their own child? Although a Chinese/American President of China would be interesting. By that time China could well be the world's leader in economics,population, international trade, enviromental sustainability and military.

139343[/snapback]

 

Tony Blair is still looking pretty good as leader of what used to be the great British Empire, supreme ruler of the sea, and now the top lapdog in the world.

Edited July 22, 2005 by bubbafred10 (see edit history)

[Dan R]

Since citizenship based on parent's citizenship is not guaranteed in the constitution it has changed over the years based on court decisions and interpretation. So this is an issue that needs to be researched carefully when the time comes. In most cases a child born to parents of two national citizenships will have the right to choose when they reach adulthood. In China and Japan being born in that country and registered in the family's hukou makes it much easier later.

[tonado]

Interesting question.  But I want to know if the baby born in China would become Chinese citizen.  If so, then that child may someday, when grown up, can become the Premier of China.

139443[/snapback]

Not likely if the child is raised in America.

[oregonknl]

I'm not sure what the specific answer is,

 

But I can tell that the issue amy still be fairly fluid.

 

Of my adopted Chinese daughters, daugher # 1, upon arrival had to apply for citizenship like any Chinese in her situation (and even at age 4, was asked several questions by the INS Officer at her citizenship interview.)

 

By 2001, (daughter #2) Congress had changed the law, and she became an automatic citizen the moment she set foot on American soil at LAX.

[beijingjenny]

actually you can be pres if you are citzen by birth, not just location.

[pkfops]

It is my understanding the child has the right to be a US citizen.

 

However if the child remains in China He/She may have to decide on

the nationality at adulthood.

 

I base this on when I was in Germany when I knew someone whose

father was a USC and the mother was a GC and was raised in Germany.

 

At 17, she had to make a decision to be US or German.

 

Maybe this is a case when you should talk to a lawyer (ouch).

Edited July 27, 2005 by pkfops (see edit history)

[frank1538]

If memory serves, I think robhon, an old member, went through the process of getting his China born son a US passport. You might try a search.

[tonado]

http://www.ericdigests.org/2001-2/elections.html

 

A president must be at least 35 years old, a natural born citizen, and a resident of the United States for a minimum of 14 years.

Edited July 27, 2005 by ttlee_99 (see edit history)