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Q: A Birth Report of U.S. Citizens Abroad certificate breaks the law?

Quick Question:

After the baby is born in China to a Chinese citizen & American citizen with a China Hukou, So does having a ”Birth Report of U.S. Citizens Abroad Certificate” count a breaking the Chinese law about having two citizenships? Now the passport hasn't been applied for yet, only the certificate from the American father. Would this count as having two or dual citizenship? Which is forbidden here.

A little background:

A child born abroad to a U.S. citizen parent or parents may acquire U.S. citizenship at birth if certain statutory requirements are met. The child’s parents should contact the nearest U.S. embassy or consulate to apply for a Consular Report of Birth Abroad of a Citizen of the United States of America (CRBA) to document that the child is a U.S. citizen. If the U.S. embassy or consulate determines that the child acquired U.S. citizenship at birth, a consular officer will approve the CRBA application and the Department of State will issue a CRBA, also called a Form FS-240, in the child’s name.

According to U.S. law, a CRBA is proof of U.S. citizenship and may be used to obtain a U.S. passport and register for school, among other purposes.

47 weeks 6 days ago in  Visa & Legalities - China

 
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I guess you could wait on the US passport if visas are approved easily, but a social security number with the document is a must have situation for everything in America.

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47 weeks 6 days ago
 
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You could ask at US Embassy in your city or send an email to Law Firm in China ... I have link somewhere. Chodorow Law ... Wait!

 

gary@lawandborder.com is his reply email and his office name is Chodorow Law Offices. He (Gary Chodorow) is US Lawyer working out of Beijing. He'll reply free of charge!

 

Here is the link about his Law Firm in China:

 

https://www.ailalawyer.com/english/AttorneyDetail.aspx?P=2136&A=52275

Click 'Contact This Lawyer' and c&p ..., he he ... your Q. He'll reply to you in few days!

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47 weeks 5 days ago
 
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Long Story short he's hoping the Certificate of birth from America would cancel the Chinese citizenship automatically somehow if she waved it in the PSB's face

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47 weeks 5 days ago
 
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A child born in China to a Chinese-foreign couple has in some cases the right to claim nationality to either of their parent’s countries, due to the laws of jus soli (‘right of soil’) and jus sanguinis. A child that proceeds to acquire a foreign passport after being born in China (without renouncing their Chinese citizenship) would, by law, not be allowed a Chinese passport, and can have their hukou revoked, though they would still remain a Chinese citizen.

In this case, an Exit-Entry Permit would be required if the child is to travel abroad; this is a travel document issued to those who the government consider Chinese citizens but are unqualified for a passport. The child can use this document to travel outside of China, and it can be applied for indefinitely. The Entry-Exit Permit is valid for one departure, and return within 3 months; the application fee is 20rmb.

If the child were to travel abroad without an Exit-Entry Permit, and then apply for a visa so they could return to China, their Chinese nationality would be formally revoked.

 

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47 weeks 5 days ago
 
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I'm a Brit with two kids here. As far as we have been told, yes, if the PSB found out or you admitted it to them you would have to renounce one or the other. They are proper sticklers for this one (unlike most of their other 'laws') and they get twitchy even if you enquire as to 'what if...'.

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47 weeks 5 days ago
 
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I think I should just come out and say it like it is, this is a power move on his part, he feels rejected by his Chinese wife because she won't agree to sign for the kids passport.

He doesn't care if he gets divorced or how she feels, he literally wants and hopes the American birth abroad citizenship certificate gets or is enough to walk into the PSB and get the Chinese citizenship canceled thus the kid has no choice but to get the U.S passport, he is ready to go home to the U.S any time or stay here..

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47 weeks 5 days ago
 
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