Baby born in HK but parent American

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  1. #1

    Question Baby born in HK but parent American

    My son was born in HK last week unplanned, way ahead of scheduled delivery. I am an American Chinese(born in Guangzhou), my wife is PRC national with US green card. Of course my son will be reported as an american born abroad eligible for a US passport, but once we go back to the US, does anyone know what my son will benefit from being born in HK years later?
    Thanks.


  2. #2

    Join Date
    Sep 2003
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    Your son is not just a US citizen by virtue of your US Citizenship but is also a Chinese citizen automatically by virtue of his mother's Chinese citizenship and having been born in China (of which HK is a part).
    In addition, he is a Permanent Resident of HK because all Chinese Citizens born in HK are Permanent Residents. You should therefore apply for his HKSAR passport before leaving for the US by filling in the application form and presenting his birth certificate plus his mother's PRC passport and HKID card (if held) to the Immigration Dept. You should at the same time obtain a HK Return Permit, which will allow him to leave and enter HK to & from the Mainland & Macau. With the HKSAR passport, you may also obtain a Home Return Permit (Huixiangzheng) for him from the China Travel Service. This will save on visa fees when travelling to China. If you have not registered a Chinese name on his birth certificate you should do so to prevent social problems should he wish to return here.
    His Chinese citizenshiip is automatic and can only be revoked by making a declaration to Immigration.


  3. #3

    Smile

    Thanks a lot, Roger, for your detailed advice. I never would have known. BTW, would I be able to give the same advice to my sister(Chinese American born in China with a PRC national husband, both residing in the US), if she wishes one day for her baby to be born in HK and enjoys the same added benefit for her child?

    Fred


  4. #4

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    Yes. The Chinese Nationality Law states that anyone born in China, one of whose parents is a Chinese Citizen is a Chinese Citizen. Nothing is mentioned anywhere in the law about other nationalities that person may or may not hold at the time of birth.


  5. #5

    Thanks again. Since I know my sister may want to come to HK in the near future to work; if her child is born in HK, would that make her quality for regular residency status in HK and therefore be able to get a work permit?

    Fred


  6. #6

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    I don't think having a child with right of abode qualifies the parents for any kind of status, you'll just have to go the usual route for that (employment or investment visa). Just think of all the Mainland mothers who send their HK born kids over the border to school every day. They still have to queue up for a one way permit.


  7. #7

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    Not sure if it is fully correct, as I don't think the US allows dual nationals. You shall check with the US authority


  8. #8

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    The US law is basically silent on dual nationality...unless the second nationality is obtained after US nationality, in which case the US citizenship can be viewed as abandoned.

    http://travel.state.gov/travel/cis_p.../cis_1753.html

    One important note is that a dual national is required to enter the US on a US passport. They can use another passport to enter another country, but doing so means they relinquish their rights to embassy assistance in the case of legal problems (as has been in the case in many Chinese government arrests of US citizens).

    Note: should your child renounce his US citizenship he will be barred from entry to the US for a 10 year period, last I checked.

    Also see here
    http://www.richw.org/dualcit/

    From wikipedia:

    Issues

    There are some legal issues about dual citizenship and government services. For example, an American citizen holding another nationality and passport <b>may have difficulty getting a security clearance if that person prefers to use the non-American passport or work within the United States government.</b>

    Although being a citizen of more than one country can be helpful as it affords two or more passports, it is prudent to realise that each citizenship carries responsibilites. <b>This may bring about problems in conscription, as well as allegiance to more than one state. A dual citizen is subject to travel restrictions, embargoes and sets of laws issued by multiple governments governing one's behaviour domestically and while travelling abroad. Also, as a drawback peculiar to a few countries such as the U.S., citizens are obligated to pay taxes in both the country of origin and the actual country of residence. </b>However, many countries and territories have contracted treaties or agreements of avoiding double taxation. For example, as at 2005, Hong Kong has already contracted 33 agreements that address double taxation or its avoidance. In extreme cases, such as when the countries of citizenship are at war with each other, a dual citizen's international status can be very complicated.

    The number of multiple citizens is large and increasing. Millions of people in the world are now citizens of more than one country. The number of multiple citizens is going to increase rapidly as people become ever more mobile, living, marrying and having children in multiple countries over the course of their lives.

    It brings important personal opportunities and responsibilities. As a citizen of a country, you have the opportunity to live there, go to school, work, get medical care, have children, buy property, and retire. There may be agreements to allow freedom of movement to other countries, as in the European Union. (Although it takes just permanent residency to enjoy some of these benefits.) There may also be responsibilities connected with citizenship, such as potential mandatory military service.


  9. #9

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    Quote Originally Posted by penguinsix:
    Note: should your child renounce his US citizenship he will be barred from entry to the US for a 10 year period, last I checked.
    Evidence for that? It would seem to conflict with this page from the US Government:
    http://travel.state.gov/law/citizens...nship_776.html
    which talks about citizens having renounced needing a visa or eligibility under the visa-waiver programme for subsequent entry.

    Note that it also says that parents cannot renounce on behalf of their children and that children under 18 would need to be pretty convincing in order to renounce themselves.

  10. #10

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    i thought china didn't allow dual citizenship. besides, this immigrant-like obssession with papers is quite disturbing.


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