Asked by Mr.Don from USA | Sep. 25, 2010 16:35
About:Dual Nationality

I have friends, a couple who are Chinese citizens who are living in the U.S.
They arrived in the U.S. on non-immigrant visas; they applied for status change, and now possess US green cards (LPR). Their son was born in the US, so he can have US citizenship. Since his parents are still PRC citizens, China presumably also recognizes the son as a PRC citizen, correct? The son was born while the parents had the non-immigrant visa status (i.e., born before they applied for their green cards).

In this case, do both countries recognize dual citizenship of the son, while he is a minor? If so, he would have to choose one and renounce the other when he turns 18, right?

When they travel to China, the parents can enter either country freely, of course.

What is the son's status? Will China recognize the sons US passport as valid, or will the PRC government confiscate the sons US passport, claiming the son as a PRC citizen? Also, should the parents request the son be added to their hukou booklet? In that case, the son should travel to China on PRC passport, and return to US on USA passport?

Is there any website which identifies PRC government policy governing children born overseas to PRC citizens?

Thank you,

Answers (1)
Answered by Mr.Andrew | Sep. 26, 2010 03:54
China do not recogonize dual nationalities. The baby has USA citizenship. Your friends has has the green card and their baby should have visa to get back to China. If the son is added to their hukou booklet, he gets China citizenship and his USA passport will be not valid anymore. If they do not want their son living in China for a long time, do not do this. Otherwise, they have to arrange USA visa for him if he get back to the USA. In the other hand, it can not be finished in a short time for them to add the son to their hukou booklet.
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