my wifei are both chinese but my son will be born in usa.

Question

My wife and I are both Chinese and we have F1 visa here in USA. My son will be born in USA soon and we want him to get a US passport. In this situation If my wife and I go back to China, can my son apply for the Chinese PR?

Rita · Answer

Hi, Jeff! According to the Nationality Law, you son will be born with Chinese nationality as your wife and you don’t have permanent residency in the US. Even though you will get US passport for him, the embassy will just not recognize your son’s US nationality until he is 12 years old or so. So you don’t need to apply PR for him now.

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My wife and I are both Chinese but my son will be born in USA. Can my son apply for the Chinese PR?