U.S. Consulate in Shenyang on Pro Forma Visas for Dual Nationals

For a child born in China with dual U.S. and China nationality, there are various options for documents allowing departure from China. The trick is that you need to show the immigration inspector in the airport both a travel document issued by the Chinese government and a visa or other document to enter your next…

Can a Green Card Holder Who’s Been Overseas for 6 Months Apply for Naturalization?

A reader asks, “Can a green card holder who’s been overseas for 6 months apply for citizenship?” In short, maybe. It depends on the specifics of your situation. The General Rule To be naturalized as a U.S. citizen, an applicant must ordinarily prove that “immediately preceding the date of filing [their] application for naturalization [they…

Death by a Thousand Cuts: Naturalization Backlogs

The Trump administration’s war on immigration has included an array of tactics. There have been full frontal assaults, such as the Muslim ban, cancellation of DACA, the border wall, and the RAISE Act. Simultaneously, the Trump administration is using the tactic of death by a thousand cuts: numerous assaults in the administrative agencies and courts…

Applying for a PRC Exit and Entry Permit for a Child with Dual Nationality

This article explains how parents can apply for an Exit and Entry Permit (出入境通行证 churujing tongxingzheng) on behalf of a dual nationality child. Our law firm can assist with the application and advise about other available options. Background Certain children may automatically acquire Chinese citizenship at birth (in China or abroad) if one or both parents are…

Non-Scandal? Dual Chinese-Canadian Nationals Denied Chinese Visas

Several media outlets reported this week on two teenagers who applied for mainland Chinese visas in Toronto but were denied. The Chinese Consulate did not explain the denials, but apparently the reason was that although the teenagers were born in Canada and hold Canadian passports, they had acquired Chinese nationality at birth through their parents born in Hong…

U.S. Visas for Medical Treatment

More Chinese patients are checking into travel abroad for healthcare needs, helped by a rising demand for better quality medical care and sophisticated treatments, according to a recent article by Caixin. Below, I look at the driving forces behind the increase in so-called medical tourism, some differences between the U.S. and Chinese health care systems, the doctor-patient…

CNN on Jeb Bush’s “Anchor Baby” Comments (Quoting Gary Chodorow)

MJ Lee of CNN Politics has written “5 Things to Know about the Asian Anchor Baby Controversy,” quoting attorney Gary Chodorow. Jeb Bush was trying to dig himself out from a pile of criticism for using the term “anchor babies.” But his comments at a press conference Monday only brought heaps of new outrage. Defending…

Shady Chinese Agencies Promoting U.S. Birth Tourism–Part 3: Policy Responses

This three-part series looks at shady Chinese agencies promoting U.S. birth tourism. Part 1 is an English translation of an investigative report about these agencies by Yicai, a Chinese financial news website. It focuses on the motivations of the intended parents from Mainland China. Part 2 discusses Hong Kong’s struggle with the problem. A crackdown by…

USCIS Teleconference on Assisted Reproductive Technology Policies

U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a stakeholder listening session on Tuesday, Nov. 18, from 1–2:30 p.m. (Eastern) about a policy update on assisted reportoductive technology (ART). This policy update (PA-2014-009) clarifies the definition of “mother” and “parent” under the Immigration and Nationality Act to include gestational legal mothers using…

Enrolling Binational Children in Beijing International Schools: Immigration Law Issues

The school year has just begun in Beijing. But for children of binational couples, it’s not too early to start thinking about immigration-related requirements for enrolling in Beijing international schools next year. In some cases, a child may need to renounce Chinese citizenship in order to become eligible for enrollment. An “international school” [1] is…