Whatever the parents are, if you give birth to a child in the United States, the child will have American nationality; if you give birth to a child in Canada, the child will have Canadian nationality, which is a basic common sense.

But this series of articles discusses how to make children have Chinese nationality. We will introduce four articles, divided into Canada, Hong Kong, the United States and the mainland.

If the child has Chinese nationality, he can apply for a travel permit at the embassy or consulate instead of a visa (even during the pandemic); he can settle down after returning to China and can enter public primary and secondary schools normally. He can apply for a Chinese passport, Hong Kong and Macau pass. Enter and exit China with Chinese passport Canadian passport. You need a one-time temporary pass each time. Enter and exit China with a travel license Canadian passport. No additional pass required. At 18, you don't have to choose between two ethnic groups (this is a very old rumor).

In the United States, children have American nationality. If you have American birth paper or passport, or even just a simple proof from a hospital, you can take it back to Canada without a visa. If parents are permanent resident (or citizen) and reside in Canada, they can apply for a maple leaf card for their children. Children can enjoy free medical insurance in most provinces (except Ontario) before getting a maple leaf card. Needless to say, after getting the maple leaf card. Of course, if you decide to have a baby in the United States, the child's medical expenses are destined to cost money. You can learn about your company's health insurance policy and commercial health insurance in advance (such as Cigna, which needs to be purchased three months before pregnancy). If you have unpaid medical insurance, please understand the collective purchase policy in Los Angeles.

Chinese nationality

If you see where to give birth to a baby (i): Canada, you know, if your parents have maple leaf card and give birth to a baby in Canada, the child will not have Chinese nationality. This is the main reason many parents are currently working to give birth to their children in Canada. However, before obtaining a maple leaf card, such as using a tourist visa, having babies in Canada/USA, having dual nationalities in China and Canada/USA, it is also a very popular legal basis for American children to be preceded by the pandemic. If the child can only obtain U.S. nationality and does not have Chinese nationality or Chinese family registration, then the birthing business may not rise in the United States.

The problem now is: parents have maple leaf cards and have children in the United States; or on the contrary, parents have American green cards and have children in Canada. Do children have Chinese nationality?

We still have to study the original text of the law, namely Article 5 of the Nationality Law of the People's Republic of China: Parents or one of them are Chinese citizens, they were born in a foreign country and had Chinese nationality; but parents or one of them were Chinese citizens, they settled in a foreign country, they had foreign nationality when they were born, and they had no Chinese nationality.

The child was born in the United States and was born with a foreign nationality, which is great. But are parents currently “settled in the United States”? It seems not, because the criterion for determining whether to settle in the United States is whether there is a US green card. Are parents currently “settled”? Despite a maple leaf card, the parents were not in Canada and did not seem to settle in Canada.

Some people simply believe that two foreign countries in Article 5 of the Nationality Act must refer to the same foreign country (1). If the child's parents settle in Country A but obtain the nationality of Country B when the child is born, the child still has Chinese nationality. Of course, no one has ever actually been to Beijing's Third Intermediate People's Court to sue the Ministry of Foreign Affairs to explain this issue, because in practice, people's recognition of Chinese nationality seems to be becoming increasingly loose. After the Ministry of Foreign Affairs simplified the application process for travel permits in 2018, parents no longer need to declare that they do not have a residence rights in a third country.

However, friends who apply for a US visa after obtaining a maple leaf card should carefully observe whether there is the term "Canadian permanent resident" on the US visa, and then weigh whether they can still be determined as Chinese nationality after giving birth to a child in the United States. According to Zhihu's blogger, many parents and consular officials successfully obtained travel permits after the argument.

US law

Is having children in the United States a violation of U.S. law? Until 2019, there were no violations. The B2 visa (tourism visa) allows you to go to the United States to receive medical treatment. Before the pandemic, you can just say you will have a baby on your visa and there is a certain possibility of getting a visa. If you have a visa for another purpose, you can stay for 6 months as long as you don’t choose a place in Los Angeles. Before the pandemic, there was even a strange situation where HNA flew from Beijing to Las Vegas where pregnant women were everywhere.

However, after entering the country, you still have to go to Los Angeles. After all, only one industrial chain has been established in the city, which is the cheapest cost and the most convenient way to apply for a certificate. After birth, the agency provides a travel permit, a birth certificate (and its certification), and a U.S. passport, and even provides detailed information on the materials required to register in different cities in China.

In 2020, the Trump administration sets huge obstacles to the birth of American children. Applicants of Class B visas are no longer allowed to go to the United States for medical treatment on the grounds of having children. However, the policy only talks about “visa applicants” throughout the article, not about “visa holders.” Judging by the original policy, this is legal for those applying for a visa to enter the United States. This includes telling visa officials directly that they are applicants who have children before the policy, or who have applied for a U.S. visa for another 10 years, but have indeed changed their travel plans over such a long time.

In any case, "honest signature" is only a minority after all. "Honest entry" was done by default before the pandemic, and Los Angeles turned a blind eye to it after the pandemic. Some people who are worried can go to read or "Meet Seattle in Beijing". No matter how big your brain is, if you enter Hawaii during pregnancy and have a return ticket within two weeks, you can’t expect you to fly to Los Angeles and get a baby after entering the country.

After Biden took office, the Immigration Bureau no longer issues any policies that make things difficult for these difficult mothers. To this day, having children in the United States remains a cost-effective option for many mothers.

Losing Chinese nationality

After the age of 18, does the child need to choose between Chinese and American nationality? This is a classic rumor. Recently, many Maypo (Maybe) over 18 have issued Chinese passports and travel permits, and rumors are self-deceiving.

However, one possibility that you may actually lose Chinese nationality: Currently, you will be able to join Canadian nationality, while US nationality still exists, but Chinese nationality may be automatically lost (see Article 9 of the Nationality Act).

The solution is also simple, that is, don't become a Canadian citizen.

There are fewer differences between Canadian permanent residents and citizens: voting rights, crimes not repatriated, and employment for specific public officials. These differences are less important to children.

The biggest difference is the obligation to live. Permanent residents must live for 2 years every 5 years. However, it is also believed that parents who accompany Canadian citizens’ children before the age of 21 live abroad and are still easily satisfied.

What should I do after the age of 21? If you enter Canada with a U.S. passport (rather than a maple leaf card), it is very likely that border officials will not spend hours revoking the maple leaf card so that you can renew your card in 2 years.

You said this is wrong. I see many Chinese people being revoked because they are not completely occupied.

That's because they don't have a U.S. passport.

Other questions

How to frequently go to Canada to the U.S. for prenatal checkups, how to avoid the trend of immigration in the U.S., and whether children can reunite their parents at the age of 21 to get a U.S. green card are not the focus of this article. If you have time, we will discuss it in detail.

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According to the fourth notice of the relevant article, the visa center will continue to be postponed by the new coronavirus in Canada. The new generation will launch the Hong Kong visa sticker business. The Canadian Visa Centre will gradually resume operations today. Starting April 30, immigration application and login fees will increase in Canada.

December 13, 2023 / Visa Immigration Overview, the United States and Other Countries

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