Confused dual citizen

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  1. #1

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    Confused dual citizen

    I have a HKID (3 stars, my mother is a HK citizen), and US citizenship/passport. I'm thinking of applying for a HKSAR passport, but will there be any ramifications concerning my US citizenship? The immigration officer said that there might be problems obtaining my HK passport because I arrived here on my US passport. Can I just say that I don't plan to return to the US or do I have to go to the US embassy and return a form that says I've renounced my citizenship?

    Also, I'm returning to the US next year. If I am able to get my HK passport, then which passport should I use? I want to avoid as much hassle as possible from US immigration/customs, because I'll be carrying most of my stuff in my suitcase.

    Thanks


  2. #2

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    I cannot fully answer your question, but I am curious, why did you arrive on your US passport and not with your HKID?


  3. #3

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    Well the United States allows dual citizenship, so I don't know what you have to worry about. Just present your US passport to US customs and I don't see why you should have any issue.


  4. #4

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    china DOES NOT allow dual citizenship. you would most likely have to renounce your US citizenship. i'm guessing down the road if you decide you've made a mistake wanting chinese citizenship rather than US, you will have a difficult time reobtaining your US citizenship.


  5. #5

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    At least for HK residents... it's basically allowed. I'll assume the OP had Chinese citizenship from birth, if you naturalize as Chinese then you have to renounce the other citizenships you may hold.

    Chinese nationals of the Hong Kong Special Administrative Region with right of abode in foreign countries may, for the purpose of travelling to other countries and territories, use the relevant documents issued by the foreign governments. However, they will not be entitled to consular protection in the Hong Kong Special Administrative Region and other parts of the People's Republic of China on account of their holding the above mentioned documents.

  6. #6

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    1) As a HK Chinese citizen dual nationality is tolerated provided that you don't explicitly declare a change of nationality to ImmD.

    2) As a HK Chinese citizen you should not have entered HK on a foreign passport. This gives ImmD the understanding that you do not regard yourself as HK Chinese. It might be taken as equivalent to having declared a change of nationality. Hence the Immigration officer's comment.

    3) As a US citizen you MUST (on pain of penalty) enter and leave the US using your US passport.

    4) Your best course now to get the HKSAR passport is to leave HK on your US passport, then re-enter using your HKID. (Go to Macau or Shenzhen). If they allow you to re-enter then I guess you can take that as meaning that ImmD doesn't regard you as having renounced your Chinese citizenship. You can then proceed to apply for the HKSAR passport. DO NOT use it to enter the US!

    5) If ImmD decides that by entering HK on your US passport you have renounced your Chinese citizenship then you have to decide which one you want - you cannot ever again be a dual national of China and any other place. You could apply to renaturalize as a Chinese citizen, but that would require, if your application is approved, that you renounce your US citizenship. If you do that then you would need a visa to return to the US as a visitor on your HKSAR passport. I don't think you would have any right to live or work in the US. However, you would be liable to US taxes on your worldwide income for the following 10 years!


    So, in summary, you stuffed up by entering HK on your US passport. You may get away with it. The only way to test is to exit and try to re-enter on your HKID. And remember in future not to enter a country of which you are a citizen using a foreign passport - no country likes that.


  7. #7

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    the US does NOT allow it's citizens to apply for and get a foreign passport/citizenship if doing so would renounce US citizenship...

    US State Department Services Dual Nationality

    likewise china requires you to give up the US passport.


  8. #8

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    Quote Originally Posted by campas12:
    the US does NOT allow it's citizens to apply for and get a foreign passport/citizenship if doing so would renounce US citizenship...
    Eh? I think you have misread that page. The US clearly does allow you to apply for another citizenship if you renounce your US one.
    However, a person who acquires a foreign citizenship by applying for it may lose U.S. citizenship. In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship.
    Moreover, it does allow US-born citizens to take a second citizenship without renouncing their US citizenship, although it doesn't encourage it.
    Last edited by PDLM; 11-12-2009 at 10:20 AM.

  9. #9

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    I came here on my US passport because I was 14 at the time and didn't have any choice nor did I have any alternative IDs.
    Thinking of not applying for my HK passport, I don't want it to interfere with either of my statuses in either countries.
    Thanks for the replies everyone!
    Posted via Mobile Device


  10. #10

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    It wont effect your status in either countries. Were you born in Hong Kong? Why not just go to Macau or Shenzhen for a day and return on your HKID? You are telling me that you have NEVER left HK since you have arrived at the age of 14?


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