Why is Mabel a dual national?
According to the constitution of the United States, children born in the United States are American citizens; According to the Nationality Law of China, parents are China people who often live in China, and children are China people no matter where they were born. So our Mabel naturally has dual nationality, but neither China nor the United States recognizes dual nationality.
1868, the principle of nationality of birthplace was written into the first article of the amendment to Article 14 of the Constitution:
"All people born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and the state in which they live."
Original constitution:
All people born or naturalized in the United States and subject to their jurisdiction are citizens of the United States and citizens of the state where they live.
Nationality Law of the People's Republic of China
Fifth parents or one of them is a citizen of China, and I was born in a foreign country and have China nationality; However, if one or both parents are citizens of China and have settled in a foreign country, they will have foreign nationality at birth, but they will not have China nationality.
In short, the United States and China have given Mabel their respective nationalities according to their respective constitutions or laws, namely, American nationality and China nationality. At the same time, the Chinese and American governments turned a blind eye to the nationality given to Mabel by the other side. The different ways in which China and the United States acquired their nationality led to the dual nationality of Bao Mei.
In fact, it should be called nationality conflict more accurately. You are American in America and China in China, so you don't enjoy it at the same time.
Why can't Mabel get a China passport?
Article 23 of the Passport Law of the People's Republic of China stipulates: "Citizens who go abroad for a short period of time cannot use their passports abroad because of their loss, theft or damage shall apply for a travel permit of the People's Republic of China from the People's Republic of China (PRC) embassy or consulate abroad or other overseas institutions entrusted by the Ministry of Foreign Affairs.
The China Travel Permit is a substitute for the passport of the People's Republic of China and is usually issued to the following categories of People's Republic of China (PRC) (China) citizens:
1. Hong Kong and Macao compatriots who do not hold a valid Home Visit Permit for Hong Kong and Macao compatriots but intend to go to the Mainland.
2. Taiwan Province compatriots who do not hold valid mainland travel permit for taiwan residents but intend to go to the mainland or need to go directly to Hongkong and Macao Special Administrative Regions from abroad.
3. Foreign-born children whose parents are citizens of China and have not obtained permanent residency in other countries.
4. Chinese mainland tourists who lost their passports abroad.
5. Other persons who the consular officer considers inconvenient or unnecessary to hold passports.
Through the above-mentioned Nationality Law of China and Passport Law of China, it can be found that in order not to violate the provisions of dual nationality, the China government has ingeniously issued a travel permit with the same effect as a passport to Mabel, and granted Mabel China nationality according to the Nationality Law.
What the hell is a China travel permit?
People's Republic of China (PRC)'s Return Certificate is an international identification document issued by the Embassy and Consulate of People's Republic of China (PRC) for overseas Chinese returning to China. The number is 195 1 to 1990. 1990 The certificate of return to China in April was discontinued and replaced by the Travel Permit of the People's Republic of China. This is the predecessor of the travel permit. Today, China tourist cards have the same legal effect as passports.
What's the difference between a travel permit and a passport?
1. The travel permit is only valid for two years and needs to be renewed regularly.
2. Travel permits can only be applied in China's embassies and consulates abroad.
What do the Chinese and American governments think about having children in the United States?
Is it encouragement? Objection? Or do you want to wait and see? An authoritative expert from an American law firm told me the following information based on his years of experience in dealing with American consulates, customs, population and immigrants.
The attitude of Americans is both love and fear.
As far as economic benefits are concerned, it is beneficial for China people to have children in the United States:
China's fertility travel brings a lot of consumption to the United States.
After Mabel was born, she was brought back to China for raising and education, without taking up American welfare.
Families who have the financial strength to give birth in the United States usually have high quality and attach importance to education. They plan to send Bao Mei for international education in the future. When they grow up, they are likely to return to the United States to study and work. They are high-quality taxpayers welcomed by the United States, bringing in tax revenue as well as demographic dividend.
So why are Americans controversial about having children in the United States? What are Americans afraid of?
A large number of pregnant women living in the community may disturb people. Suddenly, there are many strangers in the community, and pregnant women go for a walk in groups, which is a very strange behavior and scene for Americans. Enthusiastic Americans may call the police at any time. A large number of babies crying in the ovaries of the month may also disturb people.
After Mabel was brought back to China to be raised, she had a strong test-taking ability under the high-pressure education of China. When they return to the United States in the future, they will be more competitive in entrance examinations and workplaces than native Americans, which will reduce their employment opportunities.
When Mabel comes of age, there may be a large family of immigrants following her. Their parents are old, and following Mabel to the United States for retirement will occupy American welfare.
China is tolerant and does not encourage it.
Conceptually, Mabel can't issue a China passport to her baby, because her American citizenship prevents China from supporting dual citizenship. However, according to the China Astronomical Society, the baby was born in the United States because his parents wronged him. Therefore, we can give him a chance to "turn over a new leaf". After waiting for 18 years, he hopes that when he grows up, he can voluntarily give up his American identity and return to the embrace of his motherland to become a pure China person. China travel permit is actually Mabel's temporary China passport.
Since Mabel has China nationality and is a citizen of China, she certainly has the right to register. With a hukou, Mabel, like all children in China, enjoys civil rights such as social security and compulsory education. After returning to China, Bao Mei's parents should open an account for Bao Mei as soon as conditions permit. This benefit should be free. Before 18 years old, having a hukou will not affect Mabel's American citizenship, and not having a hukou does not mean that China recognizes Mabel as an American.
Therefore, the China administration is tolerant of those who give birth in the United States, but does not encourage them. This is the reason why the American Confucius Center can survive and develop in China, but dare not advertise in a big way.
/kloc-What documents did Mabel use to go abroad before the age of 0/8?
Dual identity is too complicated.
When entering and leaving China Customs, you will use a China Travel Card (visa-free), and when entering and leaving Hong Kong, Macao and Taiwan and other countries, you will use an American passport (mostly visa-free).
Can Mabel renounce American citizenship before 18?
I just want to be a China person quietly.
No. The American Nationality Law clearly states that "parents can't decide their children's American citizenship instead of their children, and they can only decide whether they are willing to give up their American citizenship when their children are 18 years old." That is to say, according to the provisions of the U.S. Nationality Law, children with China hukou before 18 years old will not affect their U.S. citizenship. The household registration staff of police stations in big cities in China basically understand this truth, and the nationality of children can only be truly determined when they are 18 years old. The police stations in some small cities are not familiar with their business, and may ask to write a statement renouncing American citizenship, although they can boldly sign it. Can Americans give up if they say give up? Children must swear and sign documents in the United States to have legal effect. Therefore, it is completely reasonable and legal to help Mabel apply for a China hukou. Bao Mei has the right to choose its own nationality only when 18 years old.
Can Mabel take the college entrance examination for foreigners?
It's good to be a foreigner.
Tsinghua University Admissions Office stated in 20 17 that "foreigners can enter Tsinghua University without test", which shocked those China people who were full of thoughts about getting into famous schools. How good this policy is, please refer to my hot article: I found that there is such a shortcut to enter Tsinghua without test!
However, Mabel's parents should not be too happy. In fact, Mabel is not within the scope of this "foreigner". Don't forget that he is a native of China or China. "Tsinghua University Undergraduate Admissions Network" clearly stated that "for those who were originally citizens of China and later joined foreign nationality, our school implemented the document No.83 [2009] of the Ministry of Education to teach foreigners".
Excerpt from Document No.83 [2009] of the Ministry of Education: From 20 10, applicants studying in China must hold valid foreign passports or nationality certificates for more than 4 years, and have a record of actually living abroad for more than 2 years in the last 4 years (subject to entry and exit signatures).
When we entered the university at the age of 0/8, our foreign passports had just been recognized by China, less than four years ago.
So is there any way to make Mabel's American passport take effect in China in advance?
Yes, I renounced my citizenship in China.
Can Mabel quit China before 18?
I just want to be an American quietly.
First, go to the Exit-Entry Administration Bureau of the Public Security Bureau of this Municipality to go through the formalities of withdrawing nationality, and then go through the formalities of canceling the household registration at the local police station with the certificate of withdrawing nationality. After processing, take the certificate of cancellation of household registration and the certificate of withdrawal from nationality and apply for a foreigner visa at the Exit-Entry Administration.
Taking Shenzhen as an example, I found a way to quit my nationality on the official website of the Exit-Entry Administration:
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In any of the following circumstances, China nationality may be granted upon approval:
1. If you want to go abroad to settle down and meet the conditions for going abroad, the destination country can approve entry;
2. To settle in a foreign country, you must join the local nationality, and the host country requires to withdraw from China nationality first;
3. China children adopted by foreigners must have the nationality of their parents at birth;
4. China spouses of foreigners receiving foreign pensions and subsidies must leave the country and become foreign nationals;
5. In order to inherit property, it is required to join a foreign nationality after leaving the country;
6. China citizens of pure foreign descent insist on restoring their foreign nationality.
Mabel can obviously satisfy clause 1. /kloc-Applicants under the age of 0/8 need to be signed by their parents or guardians.
/kloc-Can Mabel still have dual nationality after 0/8?
Fish and bear's paw are inseparable.
No, after Mabel 18 years old, the China government will no longer ignore Mabel's dual nationality, because Mabel has an independent will and can decide her nationality independently. If she doesn't quit American citizenship, China will stop renewing her China travel card after Mabel 16 years old, which means Mabel will automatically lose her China citizenship and become a pure American. She needs to apply for a Chinese visa before entering China. This change will not happen at the moment of 18, but when I first went abroad after 18.
/kloc-Can Mabel return to China after 0/8 years old?
I still have a China heart.
Yes, an application must be submitted to the American embassy or consulate, and a CLN certificate will be issued after approval by the State Council, in order to formally lose American citizenship.
With what documents did Mabel leave China?
What if the American passport doesn't work?
Mode 1: China Tourist Card.
Before Mabel 18, if the China travel permit was renewed every two years and the validity period of the permit remained unchanged, China only had to show the permit when leaving the country, and no visa was required. When entering other countries, show your American passport.
Mode 2: Entry and Exit Pass (one or more times)
Before 18 years old, it doesn't matter if the China travel permit is not renewed in time. You can apply for an entry-exit pass at the Exit-Entry Administration and take it out of the country. However, it should be noted that if Mabel is registered, the public security organ needs to re-examine the nationality when handling the entry and exit permit, and may be required to cancel the account. Therefore, Mabel, who has an account, still tries to keep the travel permit valid. What about Mabel who has opened an account? See mode 3.
Mode 3: Hong Kong and Macao Pass
Bao Mei, who has registered as a registered household, should apply for a Hong Kong and Macao Pass at the local public security bureau. Shenzhen is particularly convenient. WeChat pays attention to "Shenzhen Entry and Exit" and can make an appointment on the mobile phone.
Tip: When filling in information online, there is no "America" in the optional place of birth. It doesn't matter if you choose at random. It has been proved by a beautiful mother and can be successfully completed in the end.
Mode 4: Chinese visa
/kloc-After 0/8 years old, Mabel's China travel permit became invalid. You can apply for a Q2 visa in China (a short-term tourist visa with a maximum stay of six months). The birth certificate and parents' passports are required for the first application. If you have a China account, you need to cancel it.
If Mabel voluntarily renounces China citizenship before 18 years old, she must also apply for a visa to enter China.
Bao Mei 18 years old, want to live in China often?
I will be an American in China.
Mode 1: Chinese visa
With a US passport and a Chinese visa, Mabel can apply for a Q/KLOC-0 visa (visiting relatives visa, with a maximum stay of 5 years) after leaving China and arriving in the United States.
Within 30 days after entering China with a Q/KLOC-0 visa, you can apply for a "residence permit" for reunion at the local exit-entry administration department. The maximum stay time of residence permit in China is 5 years.
Method 2: Permanent residence permit for foreigners (similar to green card)
20 17 China municipal government clearly wants to promote the reform of facilitating the permanent residence permit for foreigners. In the future, I believe it will be easier for Bao Mei to obtain this certificate. Holding an American passport and a green card in China should be the best configuration for life in Bao Mei. How to get a green card in China can refer to my previous article: The gold content of the green card in China has greatly increased, and the last doubts of American children have been relieved.
An expert in South China going to the United States to give birth? Wechat official account waiting for Mabel ID: USA _ BB