Passport Options for Child

[ÕÔÙ»ºÍ³Î°ÛÀû]

I have a US passport and my wife has a PRC passport and US green card. We're researching the best place for our child to be born from a passport perspective.

 

We're looking at four options. We'd be interested in hearing feedback on whether our analysis of the child's passport situation in each case is correct.

 

Option 1: Born in the US. Child would only be able to hold a US passport.

 

Option 2: Born in Canada. Child would be able to hold both US and Canada passports.

 

Option 3: Born in mainland China. Child would have to choose between US or PRC passport.

 

Option 4: Born in Hong Kong. Child would be able to hold both US and HKSAR passports.

[Randy W]

I have a US passport and my wife has a PRC passport and US green card. We're researching the best place for our child to be born from a passport perspective.

 

We're looking at four options. We'd be interested in hearing feedback on whether our analysis of the child's passport situation in each case is correct.

 

Option 1: Born in the US. Child would only be able to hold a US passport.

 

Option 2: Born in Canada. Child would be able to hold both US and Canada passports.

 

Option 3: Born in mainland China. Child would have to choose between US or PRC passport.

 

Option 4: Born in Hong Kong. Child would be able to hold both US and HKSAR passports.

 

 

 

I believe it would be possible in any of those cases for the child to get a Chinese passport and hukou, from his mother's citizenship.

 

I believe it's also possible to, under the table, get both Chinese and American/other passports, although there probably isn't any advantage to doing this, since using the Chinese passport may create difficulties getting in and out of China.

 

The US and Canada would recognize the child's dual citizenship, China would not.

 

Don't know about Hong Kong.

[ÕÔÙ»ºÍ³Î°ÛÀû]

I believe it would be possible in any of those cases for the child to get a Chinese passport and hukou, from his mother's citizenship.

 

 

Thanks for your reply. Unfortunately that doesn't appear to be case according to the Nationality Law of the PRC.

 

http://www.gov.hk/en/residents/immigration/chinese/law.htm

Article 5: Any person born abroad whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality. But a person whose parents are both Chinese nationals and have both settled abroad, or one of whose parents is a Chinese national and has settled abroad, and who has acquired foreign nationality at birth shall not have Chinese nationality.

 

http://www.immd.gov.hk/ehtml/faq_roaihksar.htm

Under normal circumstances, having permanent resident status (that is, having resided abroad ordinarily and not subject to any restriction on stay) shall be treated as settled abroad.

 

Therefore the child would not have Chinese nationality if born outside China, since my wife has US permanent resident status.

[Randy W]

It's your choice -

and who has acquired foreign nationality at birth shall not have Chinese nationality

 

The way I read that is that if you CHOOSE foreign nationality for the child, Chinese nationality is not an option, but that you CAN choose Chinese nationality, in exclusion of any others.

 

Yes, American law gives American citizenship to the child, but American law does not govern Chinese nationals.

 

You may choose to explore that option or not - your choice - I can't say I know any more than my own interpretation there. Someone else may have direct experience with that.

 

If you contact the Chinese embassy/consulate with jurisdiction over your area, or check their web site, I believe they can tell you the procedure you would need to follow

 

Edited February 1, 2011 by Randy W (see edit history)

[MRMC]

I have a US passport and my wife has a PRC passport and US green card. We're researching the best place for our child to be born from a passport perspective.

 

We're looking at four options. We'd be interested in hearing feedback on whether our analysis of the child's passport situation in each case is correct.

 

Option 1: Born in the US. Child would only be able to hold a US passport.

 

Option 2: Born in Canada. Child would be able to hold both US and Canada passports.

 

Option 3: Born in mainland China. Child would have to choose between US or PRC passport.

 

Option 4: Born in Hong Kong. Child would be able to hold both US and HKSAR passports.

 

 

 

Born in China your child cannot ever be President of the US. Born in USA your child could.

[ÕÔÙ»ºÍ³Î°ÛÀû]

Born in China your child cannot ever be President of the US.

 

 

Maybe, maybe not. The Constitution doesn't define "natural born Citizen" and there has never been a definitive court ruling on what it means.

[xiaozhu]

I have no idea about passport options. But as a mother, I think the more important is where is the best place for your wife giving a birth to your baby for the sake of their health and safety.