The place to ask China-related questions!
Beijing Shanghai Guangzhou Shenzhen Chengdu Xi'an Hangzhou Qingdao Dalian Suzhou Nanjing More Cities>>

Categories

Close
Welcome to eChinacities Answers! Please or register if you wish to join conversations or ask questions relating to life in China. For help, click here.
X

Verify email

Your verification code has been sent to:

Didn`t receive your code? Resend code

By continuing you agree to eChinacities's Privacy Policy .

Sign up with Google Sign up with Facebook
Sign up with Email Already have an account? .
Posts: 4421

Emperor

0
0
You must be a registered user to vote!
You must be a registered user to vote!
0

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.

5 years 32 weeks ago in  Visa & Legalities - China

 
Answers (6)
Comments (5)
Posts: 5732

Emperor

0
1
You must be a registered user to vote!
You must be a registered user to vote!
1

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.

Report Abuse
5 years 32 weeks ago
 
Posts: 19790

Emperor

1
1
You must be a registered user to vote!
You must be a registered user to vote!
2

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!

Report Abuse
5 years 32 weeks ago
 
Posts: 4421

Emperor

0
0
You must be a registered user to vote!
You must be a registered user to vote!
0

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

icnif77:

I think, it would cancel it, 'cause Chinese Law doesn't allow 2nd citizenship, i.e. 2 passports. I read somewhere ...

5 years 32 weeks ago
Report Abuse

biggj123:

Yeah it might, you would probably have to do some paper work and then the kid would be treated like a foreigner and have to get visa and so on when coming or staying in china. This situation is probably not so uncommon in china so it should be talked about online. My son was born in canada to a chinese national and hes treated the same way as me when i come to china with visas and so on.

Im sure once the kid has a american passport then he could get the chinese citizenship cancelled.

5 years 32 weeks ago
Report Abuse

ironman510:

The Chinese parent refused to go to the U.S embassy to sign for the passport so the only thing the American father can do alone is get the birth certificate from American than boom your kid is an American even without the first passport. He just is hoping this certificate would be enough to get the Chinese citizenship canceled with the passport thus the Chinese parent would be forced into getting the U.S before 30days from the PSB.

5 years 32 weeks ago
Report Abuse
Report Abuse
5 years 32 weeks ago
 
Posts: 511

Governor

0
0
You must be a registered user to vote!
You must be a registered user to vote!
0

 

 

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.

 

ironman510:

Yeah we took his disgruntled Chinese wife out for coffee told her about this option you posted about but she still stubbornly refused to go to the U.S embassy in Guangzhou and sign the agreement for the U.S passport. So he's taking matters into his own hands, he's going to to get that certificate of birth from abroad that proves American citizenship for the kid thus is also a ”document ID” and he'll walk into the PSB and see if this certificate will get his kids Chinese hukou or citizenship canceled because we believes it's that important for his kid to have a U.S passport someday. So you can see his plan 1. Get the certificate, 2. Show it to the PSB. 3. Hopeful the PSB will cancel the Chinese citizenship 4. He can force his wife's hand into getting his kid a U.S passport IF the citizenship certificate from American is enough to to get the Chinese citizenship canceled. Who knows.

5 years 32 weeks ago
Report Abuse

biggj123:

Well if they dont plan on moving to the US anytime soon then I would not worry about it. You can always get the US passport thing done at any age but its hard to go back to getting a chinese passport in the future if you change to the US passport now. Its easy to go fromj china to the US than to US to china in terms of you status.

 

If they ever plan on putting their kid in chinese school or anything like that its going to be a hassle and pricey to do so if the kid does not have a hukou. Its a tough choice...I guess it depends on where they plan on settling down for the longest term.

 

If it was my kid I would keep the chinese citizenship as long as I could or until the last minute depending on where they plan on living fuill time. If its china, I woujld definatly keep the chinese one.....And getting a Passport for the kid could be done in the US too so thats not such a hard thing to do expecially if the father is a full on american.

5 years 32 weeks ago
Report Abuse
Report Abuse
5 years 32 weeks ago
 
Posts: 1263

Shifu

0
0
You must be a registered user to vote!
You must be a registered user to vote!
0

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...'.

Report Abuse
5 years 32 weeks ago
 
Posts: 4421

Emperor

0
0
You must be a registered user to vote!
You must be a registered user to vote!
0

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..

Report Abuse
5 years 32 weeks ago
 
Know the answer ?
Please or register to post answer.

Report Abuse

Security Code: * Enter the text diplayed in the box below
Image CAPTCHA
Enter the characters shown in the image.
  • Allowed HTML tags: <a> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd> <img> <br> <p> <u>
  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.
  • Textual smileys will be replaced with graphical ones.

More information about formatting options

Forward Question

Answer of the DayMORE >>
A:  "... through ..."?  Only "through" comes to mind is "S
A: "... through ..."?  Only "through" comes to mind is "Shenzhen agent can connect you with an employer, who's authorized to hire waigouren ... and can sponsor Z visa." It's not like every 10th person you meet in Shenzhen's hood can sponsor work visa ...  The only way to change from student to labourer visa is just a regular way by: 1. Finding an employer, who'll apply for an Invitation letter; 2. Exit China and apply for Z visa in your home country's Chinese embassy; 3. Enter China in 30-days after Z visa was stamped into your travelling instrument ...As I am aware, you won't be able to switch to Working permit by remaining in China....,so make ready for a return to your home .... -- icnif77