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Asked by Ben A. Delozier from USA | Mar. 15, 2014 01:38
About:Dual Nationality

My son will want to leave China at some future date, how difficult will it prove to be?

My son is on assignment in China working for an American based company. The company has a Chinese manufacturing facility set up with almost all local labor needs filled by qualified Chinese. The duration of his assignment is fluid. He is an American citizen and has met and married a young Chinese woman, I recently learned she is pregnant, which makes us very happy. At some point down the road, they are going to want to come back to the states to live. What should we being doing now to make this future transition go as smoothly as possible. Can we get started with the necessary forms, documents, legal requirements, etc., etc., etc.,. What does my son need to get started on from his end, and from our end?? Do we need to line up any legal assistance or ??
Thanks for any help you can provide----------Ben DeLozier

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Answered by Lawyer from USA | Mar. 26, 2014 18:14
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Your son can come back to the US at any time as long as he holds a valid American passport. If his passport expires, he will need to apply for a new one. His wife will have to apply for a spouse visa to enter the US. Your son should contact the nearest diplomatic mission of the US based in China to grab the forms, fill in and submit them, then pay the fees as required. As soon as a spouse visa is granted, his wife can come with him to the US. If they have a baby before entering the US, he will need to contact the US embassy or consulate located in China to declare a son/daughter to an American citizen. Then, he can apply for an American passport for his newly born son/daughter. The whole family can then come to the US. Good luck
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