VEPIC/RTL - ABC

[icrazeei]

Hello All,

I've read Hairball's guide and am planning to kickoff the VEPIC process and was hoping you guys could give me your opinion and any tips.

1. My case for applying for RTL:
My parents were both born in China and fulfilled the 7-year residency to obtain HK ROA in the early 1980s. Both of them had the HK Certificate of Identity and did not become BDTC or naturalize. At the time of my birth (born in 1991 in the United States), my parents were in the U.S. on a B-1 visitor visa that expired in 1989, but they were still Chinese citizens/HK ROA and have not settled abroad or taken up any foreign citizenship. However, they were able to overstay the visa in 1989 because of the Tiananmen Square incident where the U.S. granted asylum to Chinese citizens. Two years after my birth, they officially applied for U.S. Green Cards in 1993, and acquired U.S. citizenship in 1999. Currently, they both have active HKIDs and HK Passports.

In terms of proving ROA, I have their Certificate of Identity with the visa stamp in 1989, my birth certificate in 1991, and then my parents certificate of naturalization in 1999 when they became US citizens (don't have documents of the pre naturalization/green card process). Is this sufficient to prove that I had ROA at birth?

2. Also, although I was born overseas to Chinese citizens/ROA, the fact that my parents had overstayed their visa makes it seem like they had settled/taken up residency in the U.S. unofficially. Would this eliminate my chances of being approved for RTL?

3. Lastly, I am hoping to complete the VEPIC process in 2 trips to HK. Assuming I am invited for original documents verification, is verification of original documents a quick process and is the appropriate status letter given to me on the same day? In other words, can I complete the verification of original documents and apply for/obtain a temporary HKID on the same day, and then wait for the actual ID to be mailed to an address in HK or have it picked up by a relative?

Any help and feedback would be greatly appreciated. Thank you guys in advance!!

[kma88]

I think you would qualify for RoA since your parents did not get green cards until after your birth. In your case, an alternative to applying for VEPIC in HK, is to directly apply for the HKSAR passport at the nearest Chinese consulate in the US. It is basically the same process as the key is to identify whether you have Chinese nationality at birth. This way, you wouldnt have to physically come to HK and can wait in the US and liaise with HK immigration. If you are successful, you will be issued with the HKID and HKSAR passport at the same time.

[shri]

Do any of these changes help ease your situation?

https://hongkong.geoexpat.com/forum/...ead319229.html

[icrazeei]

I think you would qualify for RoA since your parents did not get green cards until after your birth. In your case, an alternative to applying for VEPIC in HK, is to directly apply for the HKSAR passport at the nearest Chinese consulate in the US. It is basically the same process as the key is to identify whether you have Chinese nationality at birth. This way, you wouldnt have to physically come to HK and can wait in the US and liaise with HK immigration. If you are successful, you will be issued with the HKID and HKSAR passport at the same time.

Thanks kma. I thought about applying for the HKID/HK Passport through the embassy that but since I was born in the U.S. and have never had RoA established, I figured my RoA needed to be verified first before an HKID can be issued. I didn't want to waste a day going to the embassy since my chances weren't very high.

Do any of these changes help ease your situation?

https://hongkong.geoexpat.com/forum/...ead319229.html

Thanks Shri, I've followed the ASSG scheme very closely and will resort to it as a last option. I want a permanent HKID because I think my claim to RoA is substantial and also so I don't have to worry about applying for an extension under ASSG.

Thanks!

[kma88]

Going thru the embassy is actually the same route, as it only acts as an agent and will send your application back to the HK ImmD after which the HK ImmD will liaise with you directly. I think many people don't realise this. In your case, your HK RoA hinges on whether you have Chinese nationality at birth, which is the main issue HK ImmD will access whether you are applying for VEPIC or HKSAR passport. I.e. either applying in HK or thru the Chinese embassy does not increase or decrease your chance of getting RoA.

[Claire ex-ax]

You do know that if you are deemed to be a Chinese citizen you won't have US consular protection when you travel to the Mainland?

Just saying as it's important to some people.

[Hairball]

You do know that if you are deemed to be a Chinese citizen you won't have US consular protection when you travel to the Mainland?

Just saying as it's important to some people.

For that matter, won't have US consular protection in Hong Kong either.

[icrazeei]

You do know that if you are deemed to be a Chinese citizen you won't have US consular protection when you travel to the Mainland?

Just saying as it's important to some people.

For that matter, won't have US consular protection in Hong Kong either.

Could you guys elaborate a bit more? I thought I am just establishing that I had chinese nationality at the time of birth to substantiate my application for HK RoA/RTL. I don't intend to take up Chinese citizenship (unless it's synonymous with RoA). Or do you mean when I obtain an HKID, then my "Chinese citizenship" supersedes my US citizenship in Mainland/HK?

Thanks!

[wtbhotia]

For that matter, won't have US consular protection in Hong Kong either.

WOW thats a shocker of info there. HOLY CRAP.

[Claire ex-ax]

Could you guys elaborate a bit more? I thought I am just establishing that I had chinese nationality at the time of birth to substantiate my application for HK RoA/RTL. I don't intend to take up Chinese citizenship (unless it's synonymous with RoA). Or do you mean when I obtain an HKID, then my "Chinese citizenship" supersedes my US citizenship in Mainland/HK?

Thanks!

There are two types of people eligible for PR - Chinese citizens and non-Chinese citizens.

People who are non-Chinese citizens obtain PR (ROA) after 7 years residency. That's how I got it. You haven't done that so you are applying for ROA as a Chinese citizen.

So the the moment you touch Chinese soil with your PR HKID card, you will not be regarded as a US citizen.