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What exactly is Mabel?
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 14 amendment to 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 its jurisdiction are citizens of the United States and the state in which they live.
Nationality Law of the People's Republic of China
Fifth parents or one of them is a citizen of China, 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 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 of obtaining nationality between China and the United States lead to Bao Mei's dual nationality.
Actually, it should be called nationality conflict more accurately. You are American in the United States and China in China, so you can't enjoy it at the same time.
Why can't Mabel get China passport?
Article 23 of the Passport Law of the People's Republic of China stipulates: "If a citizen goes abroad for a short period of time and his passport is lost, stolen or damaged, and cannot be used abroad, he shall apply for a travel permit of the People's Republic of China from the China embassy or consulate abroad or other overseas institutions entrusted by the Ministry of Foreign Affairs.
China travel permit is a substitute for China passport and is usually issued to the following categories of 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. Children whose parents are China citizens, born in foreign countries and have not obtained permanent residency in other countries.
4. Chinese mainland travelers who lost their passports in foreign countries.
5. Other persons who the consular officer considers inconvenient or unnecessary to hold passports.
Through the above 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 creatively issued Mabel a travel permit with the same effect as a passport, 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 * * *, China Embassy and Consulate 195 1 to 1990 are international identification documents issued by overseas Chinese in China. 1April, 990, the certificate of return to China was discontinued and replaced with the China People's Travel Card. This is the predecessor of the travel permit. Today, China travel 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? Still 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.
In terms of economic benefits, 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, and plan to send them to 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 demographic dividends and taxes.
So why are Americans controversial about giving birth in the United States? What are Americans afraid of?
A large number of pregnant women living in the community may disturb the 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 the people.
After Mabel was brought back to China to be raised, she was able to test well under the high-pressure education of China. They will return to the United States in the future, and they will be more competitive than native Americans in the entrance examination and workplace, which will reduce their employment opportunities.
When Mabel comes of age, there may be a large group of immigrants behind her. Their parents are old, and going to the United States for the elderly with Mabel will take up American welfare.
China is tolerant and does not encourage it.
Conceptually, Mabel can't issue a China passport to her baby because China doesn't support dual citizenship because she is an American citizen. However, according to the China Heaven Society, the baby was born in the United States because his parents wronged him. So we can give him a chance to "turn over a new leaf". After waiting for 18 years, he hopes to voluntarily give up his American identity when he grows up, return to the embrace of the motherland and 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. Bao Mei's parents should open an account for Bao Mei as soon as possible after returning to China. This benefit should be free. /kloc-Before the age of 0/8, 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 but not encouraging to those who give birth in the United States. This is why the American Confucius Center can survive and develop in China, but it dare not advertise in a big way.
/kloc-What certificate did Mabel use to go abroad before she was 0/8 years old?
Dual identity is too complicated.
Use China Travel Card (visa-free) when entering and leaving China Customs, and use American passport (mostly visa-free) when entering and leaving Hong Kong, Macao and Taiwan.
Can Mabel quit 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 until the child 18." 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 in the United States must swear and sign documents 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 Admissions Office 20 17 said: "Foreigners can go to Tsinghua without the test", which shocked China people who were full of thoughts about getting into famous schools. How good this policy is, you can 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 whether 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 will implement No.83 [2009] of the Ministry of Education".
Excerpted 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 the entry-exit signature).
When we entered the university at the age of 0/8, our foreign passports had just been recognized by China, less than four years later.
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 to the police station where the account is located to go through the formalities of canceling the account with the certificate of withdrawing nationality. After completing the formalities, you can apply for a foreigner's visa at the Exit-Entry Administration with the certificate of cancellation and the certificate of withdrawal from nationality.
Taking Shenzhen as an example, I found a way to quit my nationality on the official website of the Exit-Entry Administration:
/articledetailNew.aspx? id=3 1
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 are required to have the nationality of their parents at birth;
4. The China spouse of a foreigner, who receives foreign pensions and subsidies, needs to leave the country and join a foreign nationality;
5. In order to inherit property, you are 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 the signature of their parents or guardians.
Can Mabel still have dual nationality after 18?
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 by herself. If she doesn't renounce her 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 to enter China. This change will not happen at the moment of 18, but the first time to go abroad after 18.
/kloc-can Mabel return to China after 0/8 years old?
I still have a China heart.
Yes, you must apply to the American embassy or consulate, and issue a CLN certificate after approval by the State Council, USA, before you can officially lose your American citizenship.
With what documents did Mabel leave China?
What if the American passport doesn't work?
Mode 1: China Travel Service Card.
Before Mabel 18, if the China Travel Permit was renewed every two years and the validity period of the permit was maintained, China only needed to show the permit when leaving the country, without attaching a visa to it. When entering other countries, show your American passport.
Mode 2: Entry and Exit Pass (one or more times)
/kloc-Before the age of 0/8, 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 Bureau to leave the country. It should be noted, however, that if Maberden remembers this, the public security organ will need to re-examine the nationality when handling the entry-exit pass, 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 permanent residence, 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 birthplace. It doesn't matter if you choose at random. It has been proved by a beautiful mother, and it can be completed successfully 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 visit visa for up to six months). For the first time, you need to provide a birth certificate and your parents' passports. If you have a China account, you need to cancel your account.
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 an American passport and a Chinese visa, Mabel can apply for a Q/KLOC-0 visa (a visa for visiting relatives, with a maximum stay of 5 years) after leaving China and arriving in the United States.
Within 30 days after entering the country with a Q/KLOC-0 visa, you can apply for a "residence permit" for reunion at the local entry-exit administration. The maximum residence time for a 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. I believe it will be easier for Bao Mei to obtain this certificate in the future. 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 children's last doubts in the United States have been lifted.
South China to the United States to give birth to children experts? Wechat official account waiting for Mabel ID: USA _ BB
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