回复:孩子是什么身份?

Except China, all other countries consider the child to be US citizen.

There is a treaty between US and China, if the child goes to China, the child will be treated as Chinese citizen, i.e., China will not issue visa to the child. In order for the child to go to China, he/she must get the returning document (Hue Xian Zheng). According to the treaty, unless one of the parent has greed card or non-chinese citizenship (US or third country's), the child will be treated as chinese citizen by China, but can be treated as US citizen outside China.

I have a friend has this situation. Because both parents are F-1 students. When their legal stay in US expired, they had to get the Chinese returning document for the child. If they put the child in somebody's care and return to China without the child, US will consider they abandoned the custody of the child. Without the custody of the child, the child can not sponsor the birth parents to immigrant to US later.

Different countries has different laws about the citizenship of children born outside their territories. This kind of treaty is very common. I know Japan and Germany has similar treaties with US.

You may check US state department's or chinese embassy/consulate's web site for more info. I remember the info were the same.

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