2 Year GC holder having baby overseas

[ama537621]

We are going to have a BABY.

If CSC is not to slow she will have her 2 year GC with travel Doc. The baby will be born in China, I have a 6-12 month work contract the baby will be born in the middle of.

From what I have been reading online if we both come back to America with copies of the Birth certificates with certified translations that the baby will have an immediate GC when we enter the states. The only stipulations are that we bring the baby within the first 2 years and it is our first trip back to the states since the birth.

I hope this is the correct. I would hate to have to deal with another round of USICS forms.

My main concern is the Chinese immigration letting us out of the country with the baby without a visa for him/her.

[Randy W]

Do you want a Chinese passport, or an American passport for the baby?

 

 

Documenting a Child Born Abroad Who Acquires U.S. Citizenship at Birth - http://guangzhou.usembassy-china.org.cn/ne...gistration.html (GUZ)

 

 

 

 

 

Your child, as the child of an American citizen, is entitled to citizenship and an American passport. He/she may need an (Chinese) exit visa in order to leave China.

 

Please note, as soon as a U.S. passport is issued, the baby's parents must apply for a Chinese visa to ensure that they don't have problems leaving the country. However, if one parent of the child is a Chinese citizen and the child was born in China, the Chinese government may consider the child a Chinese citizen. In that case, the child will have to obtain a Chinese passport before leaving the country. The child will still be a U.S. citizen and should always use his/her U.S. passport for international travel after departing China. Please contact the exit and entry administration office of the local Public Security Bureau for more information.

The Dept. of State has this to say about that:

China considers a child born within its borders to hold Chinese citizenship if one parent is a Chinese national, even if the child applies for and receives a U.S. passport while in China. In these cases, when parents want to travel overseas with their child, they should contact their local Public Security Bureau for information on obtaining a travel document (lu xing zheng).

 

Note that the phrase "Chinese passport" usually refers to the exit visa. Check with your

PSB

office for details - they will know EXACTLY what is required.

http://travel.state....s/cis_1089.html

[dnoblett]

To add, you would visit a US Consulate and register the child's birth and get a US Passport.

 

http://guangzhou.usembassy-china.org.cn/children-and-birth-abroad2.html

 

If you went the hard way and filed an I-130 petition for an IR-2 immigrant visa, in that case they would still be considered a US Citizen upon setting foot in the USA, not a green-card holder.

[Beachey]

To add, you would visit a US Consulate and register the child's birth and get a US Passport. http://guangzhou.usembassy-china.org.cn/children-and-birth-abroad2.html If you went the hard way and filed an I-130 petition for an IR-2 immigrant visa, in that case they would still be considered a US Citizen upon setting foot in the USA, not a green-card holder.

 

As the Child of a US citizen wouldn't the consulate reject the IR-2 visa application as they are already a citizen (unless the USC parent does not not meet the US physical presence test)

 

Though this does answer another question I have is how to ensure the baby has dual citizenship (at least until they are 18). My understanding is if the child is born in the US, China does not recognize the child as a Chinese citizen.

Edited September 29, 2012 by Beachey (see edit history)

[Randy W]

China does not recognize dual citizenship. If he seriously wants his baby to be a Chinese citizen, then yes the I-130 would be a path to bring the child to the U.S.

 

It makes much more sense to get the American passport, unless the baby will be growing up in China.

 

By the Chinese Nationality Law

A foreign-born person with at least one parent who is a Chinese citizen has Chinese citizenship, so long as that parent has not "settled" in a foreign country. The term "settled" is usually taken to mean that the Chinese citizen parent has permanent residency in the country concerned. A person born outside China, including those with parent(s) holding Chinese citizenship, does not have Chinese citizenship if a foreign citizenship is acquired at birth, if the Chinese national parent has settled abroad.

 

I don't think we've heard of anyone who has claimed their Chinese child's citizenship through a Chinese consulate, but that is probably possible.

[ama537621]

We will want a US passport for the baby. Thank-you for the links.

[Beachey]

China does not recognize dual citizenship. If he seriously wants his baby to be a Chinese citizen, then yes the I-130 would be a path to bring the child to the U.S.

 

 

Maybe I am missing something here but if you filled out a I-130 for the child you would have to petition as a USC citizen, wouldn't they deny it since the child is already a US Citizen. The CRBA does not confer citizenship it just validates it?

[Randy W]

China does not recognize dual citizenship. If he seriously wants his baby to be a Chinese citizen, then yes the I-130 would be a path to bring the child to the U.S.

 

 

Maybe I am missing something here but if you filled out a I-130 for the child you would have to petition as a USC citizen, wouldn't they deny it since the child is already a US Citizen. The CRBA does not confer citizenship it just validates it?

 

The CRBA is more like an international birth certificate. His parents can theoretically claim Chinese citizenship and NOT claim American citizenship - in which case, he would need an I-130 without an American passport. It's not clear how the USCIS would react. I don't see why they wouldn't simply go ahead and process the application. It's not really something we need to think through, unless someone has a reason for doing that.

 

If he's going to the U.S.,though, there's no reason why the parents wouldn't simply get an American passport for him

[dan1984]

China does not recognize dual citizenship. If he seriously wants his baby to be a Chinese citizen, then yes the I-130 would be a path to bring the child to the U.S.

 

It makes much more sense to get the American passport, unless the baby will be growing up in China.

 

By the Chinese Nationality Law

A foreign-born person with at least one parent who is a Chinese citizen has Chinese citizenship, so long as that parent has not "settled" in a foreign country. The term "settled" is usually taken to mean that the Chinese citizen parent has permanent residency in the country concerned. A person born outside China, including those with parent(s) holding Chinese citizenship, does not have Chinese citizenship if a foreign citizenship is acquired at birth, if the Chinese national parent has settled abroad.

 

I don't think we've heard of anyone who has claimed their Chinese child's citizenship through a Chinese consulate, but that is probably possible.

 

Do you think China will ever offer dual-citizenship? Could be a useful tool for the country, as maybe so many of the affluent overseas-Chinese would take dual-citizenship, creating closer ties between these people and the country....

[dnoblett]

 

Do you think China will ever offer dual-citizenship? Could be a useful tool for the country, as maybe so many of the affluent overseas-Chinese would take dual-citizenship, creating closer ties between these people and the country....

As long as the communist party runs China it is highly doubtful they would ever allow dual citizenship. In fact the USA does not technically recognize it either, you are a US citizen or not and if the other country considers you still their citizen or not depends on the other country.

 

It all boils down to which country your loyaltys lie, become a US citizen then you swear to defend the USA and you swear to give up your loyalty to the foreign country. China and most foreign countries take loyalty seriously.

[dan1984]

Do you think China will ever offer dual-citizenship? Could be a useful tool for the country, as maybe so many of the affluent overseas-Chinese would take dual-citizenship, creating closer ties between these people and the country....

As long as the communist party runs China it is highly doubtful they would ever allow dual citizenship. In fact the USA does not technically recognize it either, you are a US citizen or not and if the other country considers you still their citizen or not depends on the other country.

 

It all boils down to which country your loyaltys lie, become a US citizen then you swear to defend the USA and you swear to give up your loyalty to the foreign country. China and most foreign countries take loyalty seriously.

 

Hmmm, got it. Makes sense, and with that said, don't think we'll be seeing it any time soon........

[Randy W]

China does not recognize dual citizenship. If he seriously wants his baby to be a Chinese citizen, then yes the I-130 would be a path to bring the child to the U.S.

 

It makes much more sense to get the American passport, unless the baby will be growing up in China.

 

By the Chinese Nationality Law "A foreign-born person with at least one parent who is a Chinese citizen has Chinese citizenship, so long as that parent has not "settled" in a foreign country. The term "settled" is usually taken to mean that the Chinese citizen parent has permanent residency in the country concerned. A person born outside China, including those with parent(s) holding Chinese citizenship, does not have Chinese citizenship if a foreign citizenship is acquired at birth, if the Chinese national parent has settled abroad.

 

I don't think we've heard of anyone who has claimed their Chinese child's citizenship through a Chinese consulate, but that is probably possible."

 

Do you think China will ever offer dual-citizenship? Could be a useful tool for the country, as maybe so many of the affluent overseas-Chinese would take dual-citizenship, creating closer ties between these people and the country....

 

You never know. There are reasons why they might want to change it. It would most likely simply depend on which train of thought is in power and whether they feel it is important enough to effect a change.

 

China's Nationality Law, which came into effect in 1980, said China does not recognize dual nationality. When Chinese citizens take the nationality of another country, they must renounce their Chinese citizenship - and vice versa - but the stipulation has been criticized as being too harsh and may drive away overseas talents.