[penguinsix]

If you read that link, you'll find a ton of information. I also recommend this site:

http://www.richw.org/dualcit/law.html

It seems pretty clear that you really have to get the baby a passport in the US. There are some exceptions, but they all seem to cause problems either with the airline or the US government later on. There does seem to be a few cases with a baby leaving on a US passport and arriving in the next country with a different one. My friends who have dual citizenship often leave the US on the US passport and arrive elsewhere on an EU one, though I think since 9-11 that sort of thing is being cracked down on (airlines are giving data to authorities pre-arrival so...)

I contacted my friend. Turns out he had to do the same thing--get his baby a US passport (as they were born in the US). The problem was he wanted to give up the passport later, in effect renouncing citizenship (he was quite proud of his home country) but the US Gov't said "fine, give it back, but then the kid cannot travel in the US for ten years as they will be a renounced citizen."

I don't think that will be a problem for you though as you didn't say he wanted to renounce his US passport after return.

[Runpac]

Hi Emigra,
Thanks for that. I can't say that much about my wife here. I have HK ID + China return home permit and I have been living here over 7 years. My wife is not Chinese, maybe have a little Chinese blood. Once the baby is born, can I bring the baby back here and apply for HK ID + CRHP? I am a little worried that they will ask the baby to renounce the US citizenship first before they will issue a CRHP. Or do you think it is possible to get a HKSAR Pasport for the baby at a Chinese Embassy in the US before leaving the US? It is inconceivable that this baby would stay in HK and go to school here on a US passport. Or would this child be here for 7 years on a dependent visa then apply for a HK ID?

I look forward to your PM.

[CanuckHK1989]

He does not have Chinese nationality. A person who acquires another nationality at birth does not get Chinese nationality. I tried applying like this, but they know in Canada and the US, you get citizenship by virtue of birth. It dosen't matter if parents are visitors, illegals. He however may acquire Chinese nationality later, by renouncing US citizenship, and applying for Chinese. In that case, he will get ROA as well. If you choose for him to keep US passport, he will probably get the RTL. You would acquire ROA if you apply for Chinese nationality because, the rule states any Chinese national born to parent who has ROA instantly acquires the ROA, regardless, this applies if you acquire Chinese nationality later in life. I know someone who did this before.

[Runpac]

Hi Canuck,
Are you sure about this? Let's suppose the child is born and obtains a US birth certificate. With this document he has the obtain of obtaining a US passport at any time during his life. We then leave the US and the child is under my passport. He stays in HK for 7 years, surely he must be a Chinese citizen but how can he renounce his US citizenship when he never obtained it in the first place?

[CanuckHK1989]

Originally Posted by Runpac

Hi Canuck,
Are you sure about this? Let's suppose the child is born and obtains a US birth certificate. With this document he has the obtain of obtaining a US passport at any time during his life. We then leave the US and the child is under my passport. He stays in HK for 7 years, surely he must be a Chinese citizen but how can he renounce his US citizenship when he never obtained it in the first place?

Since the child acquired US nationality at birth by virtue of birth in that countries land, not blood, they would NOT acquire Chinese nationality. The US birth certificate is proof of US citizenship. US citizenship is acquired instantly at birth under 99% of circumstances, and in order to leave the US he MUST obtain a US passport. He may get Permanent Residence after 7 years, but no Chinese nationality, without renunciation, if he renounces US citizenship, he will not be able to get a US passport anymore. For example, if he was a born in a country where a birth certificate dosen't entitle you to citizenship, such as Germany, he would get Chinese citizenship. I am 100% sure of everything here.

[berryplucker]

Canuck,

What you say is only true if the parents are legally married, otherwise the child takes the citizenship of the mother, not that of the father.

[fiana]

Hong Kong Special Administrative Region (HKSAR) Passport

Starting from July 1997, Chinese citizens with the right of abode (ROA) in the HKSAR and are holding Hong Kong permanent identity cards, whether or not they are holders of the "British National (Overseas) passport" or "Hong Kong Certificate of Identity" or other travel documents, are eligible to apply for the Hong Kong Special Administrative Region (HKSAR) passport.

http://www.immd.gov.hk/ehtml/hktraveldoc_1.htm

[Roger]

The Chinese Nationality Law states that if one or more of the parents of a child born abroad is a Chinese citizen, then the child is also a Chinese citizen, but that if the Chinese citizen parent (or one of them) has settled abroad AND the child has acquired another nationality at birth then the child is not a Chinese citizen. If the Chinese citizen parent is not a resident abroad, then I think that the child is a Chinese citizen, notwithstanding his US citizenship. However this situation may be more complex and Emigra might know more than me on this... or it might require a case in the HK court sytem to establish what the law actually says.