citizenship passport china immigration
Is someone who was born in China but acquired citizenship elsewhere through derived citizenship still a Chinese citizen?
<p>I am a 38-year-old who has lived in the US since I was 2 years old.  I was born in China to Chinese National parents.  My parents and I immigrated to the US when was a small child.  My parents were naturalized before I became an adult, and thus I gained US citizenship automatically through derived citizenship (INA 320).  I've since obtained a US passport, and have traveled back to China using the US passport several times, applying for and receiving a Chinese visa.  I've always read that since China doesn't recognize dual citizenship, once I become a US citizen, I lose my Chinese citizenship.</p>
<p>Recently, I was reading the actual wording of the Chinese Nationality Law, and realized that maybe under the actual wording of the law, I may technically still be a Chinese national under Chinese law.  Specifically, Article 9 says:</p>
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<p>Any Chinese national who has settled abroad and who has been naturalized as a foreign national or has acquired foreign nationality of his own free will shall automatically lose Chinese nationality.</p>
</blockquote>
<p>Since I acquired US citizenship automatically through derived citizenship when my parents naturalized, I myself did not technically go through the process of naturalization, nor was my acquisition of US citizenship done of my own free will.</p>
<p>I also know that Article 3 of the Chinese Nationality Law says:</p>
<blockquote>
<p>The People's Republic of China does not recognize dual nationality for any Chinese national.</p>
</blockquote>
<p>I assume that just means that if I am in China, they will not recognize that I am also a US national, but does not actually mean I lose my Chinese nationality.</p>
<p>I have heard that practically, China treats people who have entered on foreign passports as having given up the Chinese nationality, but in this case, the text of the law seems to imply that I haven't actually lost my Chinese nationality.</p>
<p>Does that mean that maybe I get a Chinese passport?  I know mine from when I was a child expired a long time ago, but can I just go to the consulate and apply for a new one?</p>
<p>I did some searching online, and I'm surprised that nobody has mentioned this as a path to holding both US and Chinese citizenship, as I'm sure Chinese national children gaining derived US citizenship from their parents after they move to the US as a minor is pretty common.  Does anyone have any real-world experience with how China treats automatic acquisition of US citizenship through INA 320 under the Chinese nationality law?</p>

<blockquote>
<p>Does anyone have any real-world experience with how China treats automatic acquisition of US citizenship through INA 320 under the Chinese nationality law?</p>
</blockquote>
<p>While not exactly the same, there are many children who have both nationalities are that recognized as special cases by the Chinese government, i.e. conflict of nationality, often as a result of jus soli laws (e.g. the recently newsworthy Eileen Gu) (but jus sanguins can also apply if one of the parents is not Chinese and transmits another nationality).</p>
<p>China is still developing its administrative legal system and things are more practicalities than legalities.</p>
<p>Although recognized as Chinese national and having the same rights as children with only Chinese nationality in China (e.g. education, household registration), a child in this case does not benefit from a Chinese passport. The consulates or immigration authorities only issue a travel document to such persons, until they reach 18 years of age. Once they become adult, a passport would only be issued upon the presentation of the renunciation of the other nationality (unless no renunciation process is available).</p>
<p>Now, if this person is living in China when they become adult and they do not want to travel abroad, they do not have to renounce the other citizenship to e.g. renew their national ID card, register for social insurance or seek employment.</p>
<p>Even if you obtained another nationality voluntarily, resumption of Chinese nationality is also an option available that in practice is routinely granted (barring criminal histories etc.).</p>
<p>The Chinese consulate would not issue you a passport, but may issue you a travel document if you present a renunciation of your U.S. citizenship. They may process it as if you never lost the Chinese nationality, or they may consider it a case of resumption.</p>
