If I go to the U.S. to give birth, can my parents immigrate?

The Fourteenth Amendment to the U.S. Constitution states that a person born in the United States and subject to its jurisdiction thereof automatically becomes a U.S. citizen.

The birthright citizenship doctrine in the United States states that anyone born in U.S. territories and territories (including Puerto Rico,**, U.S. Virgin Islands, Northern Mariana Islands, etc.) automatically becomes a U.S. citizen.

U.S. immigration law states that U.S. citizens who are 21 years of age or older are legally eligible to apply for their parents to live and remain in the U.S. permanently. U.S. permanent residents (green card holders) are not eligible for this.

The United States Permanent Resident Card (also known as the Green Card) is an ID card used to prove that a foreign national has permanent resident status in the United States of America.

1. IR-5 Visa Category.

The IR-5 is an immigrant visa for a U.S. citizen applying for a parent under the Fifth category of consanguineous immigrants and does not need to wait for the quota.

II. Eligibility.

U.S. Citizens: 21 years of age and older, with financial support.

The definition of a parent includes:

1.Biological parents.

2.Adoptive parents, adoptive parents must meet the following three conditions.

1).The adoptive relationship must be established before the adoptive child reaches the age of 16.

2).The adoptive parents have been the legal guardians of the adoptive child for two years.

3).The adoptive parents have lived with the adoptive child for at least two years.

3.Step-parents: Step-parents must be married before the stepchild turns 18.

However, if the U.S. citizen is an adoptee who obtained citizenship through legal adoption, he or she no longer has the right to apply for permanent residence of the biological parents.

Because the parents of U.S. citizens are immediate family members, U.S. immigration law does not require a limit on the number of immigrant visas for U.S. citizen parents to apply for green cards. Children of citizens can apply for an I-130 first, and the documents required include: U.S. citizenship papers, birth notarization (father's name must be on it), marriage certificate of parents, etc.

Not long ago, a client consulted with Kaisheng immigration consultants, the client successfully immigrated to the United States and is about to log in, the couple plans to have a child during the United States, and the child can obtain U.S. citizenship after birth, but the immigration client wants to know, can the child still obtain Chinese nationality? In this regard, Kaisheng Immigration Consultants made the following explanation: nationality is the legal relationship between an individual and a specific country, which is determined by the laws of that country, and although it will be affected by the laws of other countries, it is not determined by the laws of other countries.

That is to say, whether there is a U.S. nationality is determined by U.S. law, and whether there is a Chinese nationality is determined by Chinese law. As soon as a child is born and has a legal relationship between the United States and China, whether or not a child has a U.S. nationality is determined by the U.S. Nationality Law, and whether a child has a Chinese nationality is determined by the Chinese Nationality Law. U.S. citizenship is determined by the place of birth, and the child is a U.S. citizen at birth, regardless of the immigration status of the parents, and whether the child has other nationalities.

The U.S. only recognizes the child's U.S. citizenship and does not recognize the child's foreign nationality, but does not interfere with the child's foreign nationality and the use of a foreign passport outside the U.S. Chinese nationality: According to Article 5 of the Nationality Law, "both parents or one of the parents are Chinese citizens, born in a foreign country, and have Chinese nationality; However, if both or one of the parents is a Chinese citizen and has settled in a foreign country, and the person has foreign nationality at birth, he or she does not have Chinese nationality.

In other words, Chinese nationality is determined by the immigration status of the parents. If one parent has a green card, the child does not have Chinese nationality. Generally, the consulate in the United States believes that one parent does not have a green card and can be recognized as a Chinese national.

In the domestic public security bureau, due to the different policies in different places, the clerk's reading ability and attitude, there can be various interpretations of "two sides or one side", which you can imagine. If it can be determined to be a Chinese national, because the child is an American citizen, according to the general principle of no dual nationality, a passport cannot be issued. Therefore, according to the administrative method with Chinese characteristics (one country, two systems, Hong Kong and Macao permits, etc.), travel permits are issued.

After returning to China, the legal status in China is Chinese, and theoretically should be able to get a household registration, but the policies of local public security bureaus are different, so they can only return to China and work hard. The travel permit is valid for two years and can be used for multiple entries. Before the expiration of the travel permit, you can return to the United States to renew.

If you go abroad after the expiration of your travel permit, you generally need to apply for a one-time exit permit from the Public Security Bureau, and you generally have to cancel your household registration. If you don't want to cancel your hukou, you can only apply for a passport to go abroad. Because as a Chinese citizen going abroad, the border guard will not let you get on the plane without a visa.

Because you are a U.S. citizen, the U.S. will not issue a visa. Therefore, in this case, it is impossible to leave the country normally. Kaisheng immigration experts around you!

Got a green card? You generally can't get Chinese citizenship. It is not possible to apply for Chinese citizenship after settling down.

Parents who give birth to children in the United States will always consider whether their children can have dual citizenship at the same time after being born in the United States, but China and the United States have different policies relative to this, so can children born in the United States have dual citizenship? The following is a compilation of this knowledge for everyone, welcome to read! Can a child born in the United States have Chinese and American citizenship You can't have both at the same time, and the People's Republic of China does not recognize Chinese citizens as having dual citizenship.

If both or one of the parents is a Chinese citizen and resides in a foreign country, and the person has foreign nationality at birth, he or she does not have Chinese nationality. Article 3 of the Nationality Law The People's Republic of China does not recognize dual nationality as having Chinese citizens. Article 4 Both parents or one of the parents are Chinese citizens, and they were born in China and have Chinese nationality.

Article 5 Both parents or one of the parents are Chinese citizens, and they were born in a foreign country and have Chinese nationality; However, if both or one of the parents is a Chinese citizen and has settled in a foreign country, and the person has foreign nationality at birth, he or she does not have Chinese nationality. If you have any other questions, you are welcome to find a professional lawyer for relevant consultation, and you are welcome to find a professional lawyer for relevant consultation.