Is an American-born child an American citizen?

China people are not necessarily American when they give birth in the United States.

The laws of China and the United States do not recognize dual citizenship. As mentioned above, China adopts the mixed principle of "bloodline as the main principle and birthplace as the supplement", while the United States adopts the principle of "birthplace". Therefore, China mainland citizens living in the United States should follow the same legal provisions and relevant practices in judging the nationality of their children born locally.

article 2 of the supplementary exchange of notes between the Chinese and American governments on the reunion of citizens of the two countries and the convenience of travel, annex I to the consular treaty between the People's Republic of China and the United States of America, which came into effect on February 18, 1982, stipulates: "The two governments agree to facilitate the travel between the two countries for people who claim to have both the nationality of the United States of America and the nationality of the Chinese people, but this does not mean that the two governments recognize dual nationality. The exit formalities and certificates of the above-mentioned personnel will be handled in accordance with the laws of the country of residence; Entry procedures and documents will be handled in accordance with the laws of the country of destination. " Therefore, the nationality and documents of children born in the United States by China mainland citizens living abroad should be different from person to person and handled as follows:

1. If both parents or one of them are China citizens who have settled in the United States and their children are born in the United States, American laws recognize them as American citizens, and the competent authorities in the United States should issue them with American passports or corresponding documents. At the same time, China law also recognizes that the individual has American citizenship. Consul of China may issue a Chinese visa on his American passport at the request of the client.

2. If one or both parents are China citizens temporarily living in the United States, and their children are born in the United States, American laws recognize that they have American citizenship, and the competent authorities in the United States shall issue them with American passports or corresponding identity documents. However, China's law only recognizes the child as China's nationality. Consul China can issue a China travel document to the client upon his application. In practice, children will enter and leave China and the United States with American passports and China travel documents before they reach the age of 18. The specific practice is: exit procedures and certificates should be handled in accordance with the laws of the host country; Entry formalities and documents should be handled in accordance with the laws of the country to which they are going.

At this point, dear readers, I believe you have understood: Why did Consul China apply for a Chinese visa on the American passport of Mr. and Mrs. A's son, and issue a separate Travel Permit for the People's Republic of China for Mr. and Mrs. B's daughter? In addition, Consul China can also apply for "notarization with China nationality" or "notarization without China nationality" for the child according to the application of the above-mentioned parties.