Can my China-born son travel to the US on his Chinese passport?

[canrun]

Hey folks,

I've read all about pro-forma visas, entry-exit permits, etc. for little ones on the site here, but I was wondering before I go down that road: my infant son, born in China to me, an American citizen and his Chinese citizen mother, has a Chinese passport and hukou. We have not yet filed CRBA or gotten a US passport for him. I've read we can get CRBA without also getting the US passport. As we are planning on living in China for at least another five years, would it be possible to just apply for a regular B2 (right visa name??) tourist visa for him in the Chinese passport? We want to visit the US in the spring for a short visit. We can just wait to get the US passport somewhere down the road IF he can get a regular tourist visa in his Chinese passport. I'm finding little about that scenario online. I'll explore the pro-forma if not.

 

Thanks for any help!

 

Aaron

[Randy W]

That's exactly what the pro-forma visa is, except that it is usually issued when the exit permit is denied. Shouldn't be a problem - just explain the circumstances to the Consulate.

[canrun]

So would we go ahead and apply for the very same kind of visa my wife will be applying for? Would it be the "pro forma" as nothing regarding the US has been filed?

 

And do you know if applying for the CRBA only (no US passport) has any negative effect on the US visitor visa situation? Meaning, should we do NOTHING at the consulate regarding my son's birth until we are ready to leave China several years down the road? Thanks for the help!

[Randy W]

So would we go ahead and apply for the very same kind of visa my wife will be applying for? Would it be the "pro forma" as nothing regarding the US has been filed?

 

And do you know if applying for the CRBA only (no US passport) has any negative effect on the US visitor visa situation? Meaning, should we do NOTHING at the consulate regarding my son's birth until we are ready to leave China several years down the road? Thanks for the help!

 

 

You are welcome. American citizens are generally not eligible for a visa, except in special circumstances, such as this. They use the B2 visa for this purpose, while calling it a "pro-forma" visa. Begin the process by applying for a B2 visa through ustraveldocs.com. I don't know, but they might tell you that you need to apply for an American passport.

 

They say to apply for the CRBA as early as you can. They (the American consulates) have been known to give a LITTLE bit of grief to those who wait too long (as in requiring proof of your circumstances) - see http://candleforlove.com/forums/topic/49536-crba-and-i-130-for-china-born-children/.

The CRBA and passports can be acquired without affecting their hukou, if they have one.

Be upfront with the fact that you want your child to remain a Chinese citizen for now.

[canrun]

Sounds like a reasonable plan. Thanks Randy.

 

We'll apply for the CRBA and SSN shortly after CNY, then hope to travel to the US later in the spring. If they tell us we need a US passport, it's not the end of the world. We can go ahead and try again the following year with either an entry-exit permit or the pro forma visa. Also considering using the HK entry permit route if we get the US passport. Too many moving parts...makes me head spin. I just want my son to meet his grandparents- no more, no less. They don't make it easy. Ha! (And the definition of "they" is fungible!)

[canrun]

A quick follow up question: if we get the CRBA and US passport, and decide not to visit the States, would our son be able to visit Thailand on his Chinese passport without needing an entry-exit permit? I'm assuming he would, as there are no citizenship conflicts, but I thought I'd ask to make sure. Thanks.

[Randy W]

A quick follow up question: if we get the CRBA and US passport, and decide not to visit the States, would our son be able to visit Thailand on his Chinese passport without needing an entry-exit permit? I'm assuming he would, as there are no citizenship conflicts, but I thought I'd ask to make sure. Thanks.

 

 

If you get a US passport for him, you can just stuff it in a drawer. No one will know, except that he is required by law to use his US passport to enter and leave the US. But even there, I've heard that you can get them to stamp both passports.

 

The CRBA is simply a US-recognizable birth certificate which will also certify that he is an American citizen.

 

To leave China, you will simply need to show documentation that shows that he will be allowed to enter at his destination. The exit permit is required only when using a foreign passport that has no entry stamp.

[canrun]

I assumed as such since Thailand is visa on arrival for Chinese passport holders. Thanks, Randy!

 

(You and I could probably handle all my questions with two tin cans and a ball of yarn! Ha.) Do you use wechat?

[Randy W]

My WeChat ID is Randy_Walser, but I'd prefer to keep the questions online in case they're useful to someone else

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Edited November 12, 2019 by Randy W (see edit history)

[canrun]

I was kidding about the questions. Heh. But yes of course I'll add you for non visa-related stuff.