Dual citizenship visa

[Dragonknxi]

Hi,

 

I am aware this gets asked a lot and it really is troublesome. Still it would be great if I could get some suggestions.

 

I obtained my US citizenship a month back and had to travel to China because of a family emergency. As I did not have a US passport nor the time to apply for a visa, I used my Chinese passport. By the looks of things I will be here for at least another year. What are my options If I want to return back to the US at that time?

 

Also what if I apply for a Canadian tourist visa on my Chinese passport while declaring I am a US citizen on the application, will they issue me a visa on my Chinese passport?

[Moshen]

So you got US citizenship but not a US passport.

 

Normally in order to get a US passport you will need to submit your previous foreign passport, which then will get invalidated.

 

People are not allowed to have both US and Chinese passports.

 

You had better contact the US consulate for advice, because you are in a very fishy situation.  Who knows, it could even be illegal for you to be using your Chinese passport if you are a US citizen.

[大肚男]

 

On 5/7/2023 at 6:27 PM, Moshen said:

Normally in order to get a US passport you will need to submit your previous foreign passport, which then will get invalidated.

 

This is not true, you do not need to submit your foreign passport when you apply for a us passport.

 

On 5/7/2023 at 6:27 PM, Moshen said:

People are not allowed to have both US and Chinese passports.

 

 

This is only half true. China does not own dual citizenship,  but the US does.

 

Since you entered China using your Chinese passport, your plan of getting a Canadian visa to get out should be feasible.

 

Just make sure you get it as a chinese citizen and get the visa stamped on the chonese passport.

[Moshen]

 

Quote

you do not need to submit your foreign passport when you apply for a us passport.

 

When my husband (born in China) became an American citizen and got a US passport, his Chinese passport became invalidated.  The US authorities punched holes in it and returned it to him that way.

 

I don't recall whether this was when he applied for citizenship or when he applied for the passport because these two things happened right after each other or perhaps even simultaneously.

 

Same for his other family members who became US citizens.  They no longer have any valid Chinese ID documents.

 

I paid special attention to this because several members of my own family have dual citizenship with other countries besides the US, and they use two passports.  One two-year-old in my family even has three passports!

 

And if you recall, this issue also came up with that Chinese-born American Olympic skier, Eileen Gu.  If you look back at the news coverage, it was discussed endlessly that China did not allow dual citizenship, so had Gu renounced her US citizenship?

[大肚男]

On 5/10/2023 at 12:46 AM, Moshen said:

The US authorities punched holes in it and returned it to him that way.

 

You may be mis-remembering this part. The US would not do this, as a the US (or any country) cannot invalidate or destroy a foreign Passport .

 

Rather, what may have happened is China (either the consulate or immigration at an airport did this when your husband informed them that he is a dual-citizen, as China does not recognize dual citizenship.

 

Actually the case of Eileen Gu, she renounced her American citizenship due to Chinese law against dual citizenship, and not because of anything the US has demanded.

[Moshen]

Quote

You may be mis-remembering this part. 

 

I don't believe so.  He did not have a birth certificate, so he used his Chinese passport to prove his identity when applying for US citizenship.

 

And according to all the US media in 2022, Eileen Gu apparently did not renounce her US citizenship.  For instance:

https://time.com/charter/6148188/eileen-gus-identity/

 

[Lu]

What I know for sure: China doesn't allow dual citizenship, so anyone who gets citizenship of a new country is automatically no longer a Chinese citizen. I'm fairly sure that the US does allow this, and as long as the other country allows it as well, someone can hold a US passport and one or more other passports. (Collect them all!) For Moshen's husband, perhaps the US official knew that the Chinese passport was now invalid and therefore helpfully destroyed it?

 

What I know for less sure: The Chinese government doesn't automatically hear about it if a Chinese person gets a foreign citizenship, so someone who still has their Chinese passport can use it to travel to China. It looks like this is what OP has done. And now OP has a bit of a problem, because they can't get a US visa in their Chinese passport (since they are a US citizen), but they also can't travel on their US passport (since they don't have that).

 

As to OP: I'd advise you to contact the US embassy and hope you encounter someone helpful. You can't be the first person to have done this, but it might take quite some paperwork and travelling to have it resolved. Good luck, and please come back to tell us how it went.

[carlo]

I think there are some slight differences between those who are born with two nationalities (Eileen Gu?) and those who naturalise, as the act of naturalisation is voluntary. So declaring you've given up your other citizenships can be one step in that naturalisation process. I've no idea if the US requires you to make such a declaration,  I know other countries do, but if so, that could be a separate issue.