HK Father - Mother in US giving birth / Dual citizenship?

[Runpac]

Father is HKSAR passport holder, mother is in US giving birth. Once the child is born, it is entitled to US citizenship which can be obtained at any time in the future. Once the baby is brought back to HK, I presume he/she can also obtain HKSAR citizenship together with China return home permit, am I correct?

[Emigra]

The Father is a HKSAR passport holder, so what is the mother holding? Also what is the status of the Mother in the US e.g. tourist visa?

[Runpac]

Mother is not Chinese, nor is she a US citizen. But I have read up on the 14th Amendment, anyone born on US soil is American. I am just concerned that the child will not be Chinese.

[Emigra]

So what is the nationality of the Mother if she is not a US citizen and also what is the status of the Father in the US and the Mother?

These two questions are quite important for such a senario.

[Runpac]

The mother is on a student visa now in the US. It doesn't actually matter what the father and mother are, as long as the baby is born in the US, it is a US citizen. The father (me) is a HK citizen, not even in the US.

I was thinking as soon as the baby is born and a birth certificate is issued, it means the baby can get a US passport at any time in the future. But I am just not sure if the child will get a HKSAR passport too together with China return home permit.

[Emigra]

Sorry I cannot help you if you do not disclose the Nationality of the Mother. If you would like to disclose the information in private then you can pm me.

[berryplucker]

It also depends on whether you are legally married. If not then your status is absolutely irrelevant - only the mother's counts.

[penguinsix]

In the US, it is plain and simple--soil counts. Where was the baby born? If you are on American soil, regardless of status, your baby is an American citizen. In fact, there have been numerous incidents around the border in San Diego of women in labor sprinting across the border, dodging traffic, and then collapsing on the US side to give birth.

You should note, however, that once the child is born in the US, you will probably need to follow up on the citizenship immediately, including issuing the baby a passport. I'm not certain on this, (ok?) but have heard a number of anecdotes and snippets of information of some parents who have not obtained a passport for their baby have, by default, renounced the baby's citizenship (or broken some US travel law), making the child ineligible for a US passport for at least 10 years. Actually, I think it was 10 years and no travel to the US.

Hmmm...You should read this:

http://britishexpats.com/forum/showthread.php?t=170029

It seems that US citizens, to travel abroad, need a US passport. So, if you take your US citizen child OUT of the US without a passport, they (you) will likely face a grilling the next time you try to take them into the US or try to obtain a US passport (as the 'child' has broken the law by being a US citizen and traveling without a US passport).

Like I said, there is a lot of FUD on this issue. Your best bet is to talk to the US consulate.

[Runpac]

Thanks for that. I was quite sure before that the baby will be a US citizen. The tricky thing is making sure the baby can get a HK ID with China return card permit. Because that would be de-facto dual US-China citizenship which is very hard to get!

[Emigra]

I am trying to advise you on the HK side not the US side, look forward to your PM.