We all know that a child born in the United States can obtain American citizenship and become an official American citizen. But for MEBO whose parents are of Chinese nationality, the Chinese government also acquiesces that it has Chinese nationality, so MEBO has the dual citizenship of (nationality conflict). So, , what kind of identity should the dual citizenship MEBO who lives in China use? In what capacity do you live and study? Can I register for a domestic account?
Today, the editor of Meiyunbao will systematically analyze the nature of MEBO dual citizenship from the legal level of China and the United States. Let’s take a look at this seemingly “unreasonable” nature. How is identity regulated in the laws of the two countries? At the same time, I will also share with you the actual operations of MEBO's immigration, travel permit expiration, and account registration, hoping to help families who go to the United States to give birth.
The meaning of dual citizenship
is simply called a citizen with dual citizenship in two countries.
Public international law stipulates that nationality is the basis for a natural person's duty of loyalty to a certain country, and it is also the basis for the country of nationality to exercise diplomatic protection against it. Therefore, dual nationality means that one person acquires legal nationality in two countries at the same time.There are obligations to both countries and the right to obtain asylum from both countries.
Dual nationality can be counted as one of the "Nationality Conflicts".
The legal basis of MEBO's dual citizenship
The US Constitution is amended first. The case stipulates: "All people born in or naturalized in the United States of and are under the jurisdiction of the United States of America are citizens of the United States and their state of residence. " Therefore, children born in the United States have legal American citizenship. This is stipulated by the U.S. Constitution.
(shown in Section 1 below)
Next, let’s take a look at the relevant regulations in China.
Chinese Nationality Law Article 5 stipulates: " both or one of the parents is a Chinese citizen,I was born in a foreign country and have Chinese nationality; but if both or one of my parents are Chinese citizens and settled in a foreign country, I have foreign nationality at birth and do not have Chinese nationality. ”
(as shown in the fifth item below)
_p11span strongspan4, at least one of the Chinese span Children born in the U.S. have U.S. citizenship without obtaining foreign permanent residency rights (U.S. green cards), but China also recognizes Chinese citizenship, which creates the so-called dual citizenship of MEBO and conflicts of nationality.
Therefore, MEBO’s dual citizenship status is subject to law and is recognized by both China and the United States. But we all know that China and the United States do not recognize dual citizenship. What should we do?
read on.
Mabel's Chinese Travel permit
the United States to give birth families are aware of US-born Later, the relevant documents will be processed in the United States,One of the documents is the China Travel Permit. What is the Chinese travel document? Why does the Chinese government issue Chinese travel permits to American babies?
The following information comes from the Chinese Consulate Service website:
_p1sp
Diplomatic representative offices, consular offices and other foreign agencies authorized by the Ministry of Foreign Affairs will issue to the following personnel:
1. Chinese citizens who have lost, stolen, damaged, or expired their temporary overseas passports and are eager to return;
2. Chinese citizens who are unable to apply for a passport in an emergency;
3. Residents of Hong Kong and Macao who do not have a " home return permit" and need to go to the Mainland; 4span 4. Taiwanese residents of Chinese nationality who do not hold a "Taiwan compatriot certificate" and need to go to the mainland;
5. Some minors of Chinese nationality with special circumstances.
MEBO belongs to the fifth situation.
In summary, according to the relevant laws and regulations of China and the United States, MEBO’s citizenship (both parents or one of them is Chinese) is recognized by both the United States and China before the age of 18. Nationality status. In response to MEBO’s special status, the Chinese government “resolved” the issue of MEBO nationality conflicts by issuing travel permits to MEBO.
Is using a travel certificate a long-term solution? of course not!
MEBO resolved the issue of nationality conflicts after becoming an adult at the age of 18 and returned to a single nationality status. At that time, MEBO will choose whether to be of Chinese or American citizenship through an oath. The renunciation of nationality requires a series of formal procedures and channels, and neither parents nor anyone can substitute for MEBO to decide.
That is to say, 's parents' decision to renounce the US citizenship on their behalf before MEBO turns eighteen is invalid .
How does Meibao enter and exit the Sino-US border
agreed by the two countries' consuls
The convenience of traveling between the two countries for people with the nationality of the United States of America and the nationality of the People’s Republic of China,But this does not mean that the two governments recognize dual citizenship. The exit procedures and documents of the above-mentioned personnel will be handled in accordance with the laws of the country of residence; the entry procedures and documents will be handled in accordance with the laws of the destination country.
To put it simply, MEBO needs to use a document issued by the Chinese government (Chinese travel permit) when entering and leaving the Chinese border, and MEBO needs a document issued by the US government when entering and leaving the US border ( US passport) .
According to the above regulations, the documents required by MEBO to enter and exit the Sino-US border are as follows:
Entering the United States does not require a US passport _p11span to leave the United States without border inspection
span Any document
Entering China: valid travel permit or entry-exit pass
leaving China: valid travel permit or entry-exit pass 4span 4span _pem11p 334 (When leaving China, the border inspection requires a visa or a valid entry document to the country of departure. At this time, showing a US passport is equivalent to " US visa")
A " entry-exit pass " appears here. What is this?
We all know that the valid period of the MEBO travel permit is only two years, and the travel permit can only be applied for at the Chinese embassy (including Hong Kong) in China. It is not possible to apply in mainland China.
So, what should I do if MEBO who has returned to China with a travel permit does not leave the country in time to renew the travel permit?
When this kind of travel permit expires, parents don’t need to worry, just go to the local public security bureau’s Exit-Entry Administration Office to apply for an “entry-exit pass” to solve the problem.
Let’s take Beijing as an example, and refer to the instructions on the official website of the Beijing Municipal Public Security Bureau on applying for entry and exit permits: There are two situations where it is inconvenient to use an ordinary passport to get out of the country. You can apply for an entry-exit pass:
(1) Have obtained a foreign passport, one parent is a foreigner, and the other is a Chinese, according to the " People's Republic of China Nationality" Law is recognized as a child of Chinese nationality.
(2) Neither of the parents have settled abroad, and at least one of the parents has a registered permanent residence in Beijing, and their children born abroad have obtained foreign passports and returned to the country with the Travel Permit of the People’s Republic of China, and the travel permit has been passed Validity period requires exit.
It can be clearly seen from this description that the entry-exit pass is suitable for children who have conflicts of nationality and need to re-exit the country when their travel permit expires.
The entry and exit pass is only once exit + entry opportunities, strong6_strong is valid for three months. "Remedies" for expired travel permits.
Meibao’s Chinese account
is already known by the above-mentioned dual nationality of the United States or both of us. The default is Chinese nationality, so in theory, MEBO can of course apply for a domestic household registration according to the household registration management system of various cities in China.In terms of practical operation, we also have many customers who have successfully registered domestic accounts for MEBO after returning to China.
Let’s take Beijing as an example. Regarding overseas-born babies returning to China to apply for household registration, Beijing’s household registration requirements are as follows: The original and photocopy of the birth certificate issued by the foreign medical institution and the translation of the birth certificate issued by the translation agency; the "Travel Permit of the People's Republic of China" or "Passport" issued by the Chinese embassy or consulate abroad; ”, “Resident ID”, “Marriage Certificate”; “Beijing Childbirth Service Certificate” or proof of payment of social maintenance fees or proof of consent to enter the household issued by the district/county family planning department.
It can be seen that, Whether or not to register in the country does not depend on the baby’s place of birth, but on whether the baby’s birth complies with the domestic fertility policy.
If the baby complies with the domestic family planning policy, the parents get the domestic birth before the baby is born. Birth permit, the baby can be registered for household registration after returning to China. However, if the baby is not within the scope of family planning, such as a superbirth, and cannot obtain a domestic birth permit, then no matter where the baby is born, he will not be able to register for domestic household registration after returning to China.
Therefore, As long as a child born in the United States has applied for a travel permit to return to China (with Chinese nationality) and the parents hold a domestic birth permit (in line with the family planning policy), MEBO can register in China. also In other words, after going to the U.S. to give birth to a child and obtain U.S. citizenship, not only can they stay in the U.S. to enjoy U.S. benefits, but there is no problem at all with bringing MEBO back to China for support.MEBO can enjoy compulsory education in the country when it has registered permanent residence. It is also possible to go to the United States to study when MEBO grows up. Many families planning to give birth in the United States are like this. Going to the United States to give birth to a child is indeed the most cost-effective educational investment for children. It costs more than 200,000 yuan to give children more choices in education and careers in the future. There is no need to completely tie their personal destiny to the college entrance examination. This is what many families look forward to. Right!
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