Returning From China

[BillV 8-16-2004]

My wife and I will be traveling to China she has a current Chinese passport, which she will use for entry into China she will not need to present her 2 year green card? Upon returning she will need to present her Chinese passport and green card (2-year immigration card CR-1) at the U.S. P.O.E? Will she go through the U.S. P.O.E? I would appreciate any information from others who have had their SO's return from China after living in the U.S. she been here over a year now. Thanks Bill

[Randy W]

Chinese passport is good for entry into China. The greencard is presented at the Point of Entry, along with the passport, for re-entry into the US.

[Guest Duke]

Chinese passport is good for entry into China. The greencard is presented at the Point of Entry, along with the passport, for re-entry into the US.

 

Correct, and she can just go through the USC/Permanent resident line with you when she returns or even if she returns separately.

[yuehan123]

When we left China June 2006 my wife was asked to show her g/c at the GUZ NWA check in counter so the worker could "update the system." She said 'this will make your re-entry to USA easier.'

[NY-Viking]

On a related note, it's not like in the US where you just check in with the airline and then get on the plane; exiting in the country in China requires you to go through Immigration as well.

 

I'll ask my wife too (since she's done this already), but I was under the impression that when leaving China, the greencard holder also had to show it to Chinese Immigration officials so they know she can lawfully enter the US after she gets on the plane. I know that they have always checked my wife's passport for valid US (or other country) visas before they let her go.

[Randy W]

On a related note, it's not like in the US where you just check in with the airline and then get on the plane; exiting in the country in China requires you to go through Immigration as well.

 

I'll ask my wife too (since she's done this already), but I was under the impression that when leaving China, the greencard holder also had to show it to Chinese Immigration officials so they know she can lawfully enter the US after she gets on the plane. I know that they have always checked my wife's passport for valid US (or other country) visas before they let her go.

 

You're right, but they show it to the airline rep at the ticket counter to verify that they will be allowed entry.

Edited January 25, 2007 by Randy W (see edit history)

[NY-Viking]

You're right, but they show it to the airline rep at the ticket counter to verify that they will be allowed entry.

 

Wasn't denying that. The same thing happens when you board a plane to China in the US - the airline looks for a PRC Visa in your passport. If they didn't, and you were denied entry, they wouldn't want to be held responsible for not telling you that you needed one.

 

Anyway, my point was just that Immigration in China checks you both as you go in and out, unlike in the US where they check you just as you enter.

 

Anyway, for people traveling with PRC passports and greencards it's no big deal since they'll show it to both the airline and the Immigration anyway. The main reason this popped into my head was that I have a few friends that have obtained US and UK citizenship but are living back in China now. In order to avoid having to pay for and be restricted by Chinese visas, they'll travel into China on their PRC passports. Only problem is when they want to exit! Their PRC passport won't have a valid visa from another country (preventing them from exiting) and they can't use their US/UK passports since they don't have a PRC visa in them. I think they've gotten around the problem by travelling first to Hong Kong or Thailand, or someplace that it's easy to get a visa for, and then continuing on to the US or wherever. What a headache!

Edited January 25, 2007 by NY-Viking (see edit history)

[SirLancelot]

The main reason this popped into my head was that I have a few friends that have obtained US and UK citizenship but are living back in China now. In order to avoid having to pay for and be restricted by Chinese visas, they'll travel into China on their PRC passports. Only problem is when they want to exit! Their PRC passport won't have a valid visa from another country (preventing them from exiting) and they can't use their US/UK passports since they don't have a PRC visa in them.

 

Regular personal Chinese passports are valid for 5 years. Once the Chinese person gets US or UK citizenship, he or she is not suppose to be able to renew his or her Chinese passport. China does not recognize or accept dual citizenships. If they enter China on a Chinese passport after they've obtained US or UK citizenship, they do so illegally and they're playing with fire.

 

It's also a foolish thing to do--to try and save a few bucks--as they will be considered a Chinese national entering on Chinese travel documents and they won't be able to receive any diplomatic help from the US or UK governments if they should get into legal trouble in China. They will be prosecuted as a Chinese citizen.

 

NEVER, EVER enter China on a Chinese passport once you've become a naturalized citizen of another country.

[PapaBear]

I have a few friends that have obtained US and UK citizenship but are living back in China now. In order to avoid having to pay for and be restricted by Chinese visas, they'll travel into China on their PRC passports.

 

Are you saying they hold 2 passports, US and PRC? Is this possible? I thought not.

 

PapaBear B)

[SirLancelot]

I have a few friends that have obtained US and UK citizenship but are living back in China now. In order to avoid having to pay for and be restricted by Chinese visas, they'll travel into China on their PRC passports.

 

Are you saying they hold 2 passports, US and PRC? Is this possible? I thought not.

 

PapaBear B)

 

 

Once a Chinese citizen becomes a USC, he or she can apply for a US passport. The US government doesn't confiscate any newly naturalized citizen's previous passport. So the newly naturalized Chinese American will still have his or her old Chinese passport. So yes, they hold two passports. But they should legally not be using the Chinese passport anymore. China does not recognize dual citizenships and once you become a US citizen, then you've affectively renounced your Chinese citizenship. They will not be able to renew their Chinese passports when it expires. Personal Chinese passports are valid for 5 years.

 

If they continue to use their Chinese passports, they do so illegally in the eyes of both the US government and the Chinese government. Essentially, it would be seen as using fake travel documents as the person is no longer a Chinese national and thus should not have a Chinese passport.

[BillV 8-16-2004]

The US requires citizens to only travel on their US passport.

 

Is the only time a Chinese would need a visa would be if they have a U.S. Passport? I have noticed on the Visa Application form it is in English and Chinese. It states applicants born in China who apply Chinese visa with his or her new foreign passport is required to submit his or her Chinese passport or last foreign passport.

[NY-Viking]

It's also a foolish thing to do--to try and save a few bucks--as they will be considered a Chinese national entering on Chinese travel documents and they won't be able to receive any diplomatic help from the US or UK governments if they should get into legal trouble in China. They will be prosecuted as a Chinese citizen.

 

NEVER, EVER enter China on a Chinese passport once you've become a naturalized citizen of another country.

 

You're preaching to the choir Sir Lancelot. Wasn't saying it's something I approved of, and while my wife has no intention of becoming a US citizen right now, if she ever does, she'll be using her US passport to enter China.

 

And as far as "why" they're doing it - it's not "to save a few bucks." They actually want to be considered Chinese while in China. They're not just there for a short visit where a quick trip to the consulate for a visa would do the trick; they're living there and want to take advantage of the benefits of being a Chinese citizen. (So why become a US citizen then? Do they want to have their cake and eat it too? Basically. And yes, this is something I've discussed with them as well, because, as I believe you are, I'm proud of my US citizenship and see it as more than just a travel document.) Most people don't think about legal trouble or getting foreign diplomatic help; they want the health, tax and other perks of being Chinese while there, and don't want to have to go through the trouble of constantly renewing their visas. China now has something equivalent to a US greencard, but it's a long and complicated process (sound familiar?), so some people I know have decided to get around the problem by using two passports.

 

Could this cause problems if they got into legal trouble and needed US or UK diplomatic help? Yes. Would I advise anyone to do it? No.

 

Still, people do it, and China's check of credentials on exit is one way they try to stop people from using two passports once they gain foreign citizenship.

 

As a side note, if anyone is considering "retiring" to China with their spouse, whether or not your spouse should apply for US citizenship is something you should really consider. A greencard is for "residents" and your spouse will lose it if you don't reside here (legally, I think you have to make at least one visit to the US to maintain your status as a permanent resident), so in some ways obtaining actual US citizenship will be a benefit for leaving China and coming to the US. On the other hand, if your spouse gives up his/her Chinese citizenship, there will be Chinese visa issues to consider (again, not a problem if you go for a visit, but a definite issue if you're going to stay there long term).

Edited January 26, 2007 by NY-Viking (see edit history)

[NY-Viking]

Is the only time a Chinese would need a visa would be if they have a U.S. Passport? I have noticed on the Visa Application form it is in English and Chinese. It states applicants born in China who apply Chinese visa with his or her new foreign passport is required to submit his or her Chinese passport or last foreign passport.

 

As long as a Chinese citizen is still a Chinese citizen (even with a greencard), he or she can enter/exit China on their Chinese passport without obtaining a Chinese visa. They're still Chinese. Once they obtain US or other foreign citizenship, however, they should start using the foreign passport and then should obtain a valid Chinese visa to enter China.

 

While the visa application form does say that, I don't believe they confiscate the old PRC passport. I'm not sure that they even cancel it, or actually how closely they monitor that requirement.

Edited January 26, 2007 by NY-Viking (see edit history)

[NY-Viking]

The US requires citizens to only travel on their US passport.

 

Actually, I don't think this is true.

 

Check out what the State Department says about dual nationality:

http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html

 

It says:

Most U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport does not endanger U.S. citizenship. (emphasis added)

 

This seems to recognize that a dual national can continue to use his or her foreign passport while abroad, but must use the US passport while entering and leaving the US. That webpage, and other State Department webpages, go on to say that while the US recognizes dual citizenship, it doesn't support it for policy reasons (you owe dual allegiances), and the use of a foreign passport may thwart the US government's ability to help you diplomatically while in a foreign country (as indicated by SirLancelot above).

Edited January 26, 2007 by NY-Viking (see edit history)

[NY-Viking]

Here's what the US State Department says specifically about travel to China by people who have US/Chinese dual nationality:

 

Dual Nationality

 

China does not recognize dual nationality. If you are a citizen of both China and the U.S., you may experience difficulty entering and departing China on your U.S. passports. In some cases, U.S. passports have been seized by Chinese authorities. Dual nationals may be subject to Chinese laws which impose special obligations. Such persons are often required to use Chinese documentation to enter China.

 

The United States requires that all U.S. citizens enter and depart the United States on U.S. passports. Dual nationals who enter and depart China using a U.S. passport and a valid PRC visa retain the right of U.S. consular access and protection under the U.S.-PRC Consular Convention. The ability of the U.S. Embassy or consulates general to provide normal consular services would be extremely limited should a dual national enter China on a Chinese or other passport.

 

China does not recognize the U.S. citizenship of children born in China, when one of the parents is a PRC national. Such children are required to depart China on PRC travel documents. Children born in the United States to PRC national parents, who are neither lawful permanent residents nor U.S. citizens, are not recognized as U.S. citizens under Chinese nationality law. Although Chinese consulates have frequently issued visas to such individuals in error, they are treated solely as PRC nationals by Chinese authorities when in China.

 

Before traveling to China, dual nationals should contact the Office of Overseas Citizens Services at (202) 647-6769 or the U.S. Embassy in Beijing (see address at end of this booklet) for additional information.

 

from: http://travel.state.gov/travel/tips/region...ional_1173.html