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ABC with HK born mother born in the 1940s. Can I get ROA or RTL

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  1. #11

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    It all comes down if you have enough proof or not. I think you will have to get enough documentation of your parents. You have to have proof that your father has a green card and your mother did not became us citizen at the time of your birth. Perhaps if you have your mother and father's naturalization papers dated later than your birth and maybe your father's green card.

    Unfortunately, the HK immigration office has to have enough proof beyond the doubt that your are qualified for ROA.


  2. #12

    In the confirmation letter applicants are asked not to contact the case file manager directly, but I did inquire about status of application via the phone number provided. Was told my application is "in progress." It's been just a little over a month.


  3. #13

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    I think you can just ignore that. You could still call and ask whether there has been any letter which you missed OR tell them you will be back to the States and would like to know when to expect news.
    Try to get the direct phone no. of your case officer.

    Usually, the next step is you get a letter where they ask for additional documents ( proof )
    Please note that what kind of docs they ask for ( and eventually settle with ) is completely at their discretion.


  4. #14

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    i think u should be able to get RTL... my friend's mother was born in 1956, she moved to Canada in 1970's, has never returned to HK, had him in 1980 in Canada, he never came here until last last year and was able to get RTL...

    he did pester the immigration person quite often and she was quite fed up with him, but it was the fastest way to get documents he needed to provide without having to wait for their mail...

    Morrison likes this.

  5. #15
    Quote Originally Posted by pekoe:
    i think u should be able to get RTL... my friend's mother was born in 1956, she moved to Canada in 1970's, has never returned to HK, had him in 1980 in Canada, he never came here until last last year and was able to get RTL...

    he did pester the immigration person quite often and she was quite fed up with him, but it was the fastest way to get documents he needed to provide without having to wait for their mail...
    Are you sure your friend was born in 1980? Was your friend's father also born in Hong Kong? That makes a big difference because prior to 1/1/83 ROA/RTL was conferred to descendants through the father. This changed after 1/1/83. From 1/1/83 until 1997, if you had a HK born mother or father you were able to get ROA or RTL. I was born in 1968, which is why I believe I will not get RTL as only my mother is a native born HKer. My father is Chinese but from the Mainland.

  6. #16

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    jchew, I think what you write was law when the British were in charge.
    Now it's the P. R. of China !
    And as to mother or father, what we have written before is quite clear,
    see Chinese Nationality Law.
    Give it a try

    jchew11219 likes this.

  7. #17

    Join Date
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    Quote Originally Posted by Morrison:
    jchew, I think what you write was law when the British were in charge.
    Now it's the P. R. of China !
    And as to mother or father, what we have written before is quite clear,
    see Chinese Nationality Law.
    Give it a try
    That is true, but HK also maintained ROA for those who had it before the handover. And it was under the British rules that determined ROA before the handover.

    While the Chinese rules applied both before and after the handover (though legally speaking it can only be applied after the handover)

  8. #18

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    Quote Originally Posted by jchew11219:
    Are you sure your friend was born in 1980? Was your friend's father also born in Hong Kong? That makes a big difference because prior to 1/1/83 ROA/RTL was conferred to descendants through the father. This changed after 1/1/83. From 1/1/83 until 1997, if you had a HK born mother or father you were able to get ROA or RTL. I was born in 1968, which is why I believe I will not get RTL as only my mother is a native born HKer. My father is Chinese but from the Mainland.
    Yes, he was born in 1980...
    And his canadian birth certificate did not list his father, only his mother (they had already broken up by his birth, his father was born in canada)... no information was required about his father, except a letter explaining why he is not listed.

  9. #19
    Quote Originally Posted by pekoe:
    Yes, he was born in 1980...
    And his canadian birth certificate did not list his father, only his mother (they had already broken up by his birth, his father was born in canada)... no information was required about his father, except a letter explaining why he is not listed.
    It would be a miracle if I got the RTL or ROA. I'm not holding my breath, but I'm hopeful. I'd really like to stay in HK..

  10. #20

    I did some research and found something. USCIS - Remove Conditions on Permanent Residence Based on Marriage

    According to this foreign spousal visas today are conditional if US person's marriage to a foreign citizen is under two years. My mother was married to my dad for under a year when I was born. I wonder if I can claim that my mother's visa immigrant visa status was conditional and that therefore I am still a Chinese citizen and qualify for Rights of Abode.


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