

Article 11119 of soc.culture.china:
Path: bsu-cs!iuvax!mailrus!jarvis.csri.toronto.edu!utgpu!watmath!watdragon!violet!rzhu
>From: [email-masked] (Rupert Zhu)
Newsgroups: soc.culture.china
Subject: Passport Problem: Further Discussion on ABC's Problem  (Q-4)
Keywords: To Defend US Citizenship Rather Than to Claim US Citizenship
Message-ID: <[email-masked]>
Date: 2 Feb 89 20:05:29 GMT
Sender: [email-masked]
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================ Information from Xiaoping Yuan's Friend =================

The message delivered here are for your information, correction, supplement
and comment.  Read all posting on the series to get entire information.

For the LISTING OF COMPLETE COLLECTION of the series, see <<Passport Problem,
Q & A: A Few Word From The Author (G-3)>> posted on 26th of January 1989.
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First of all, I would like to thank the netter RJA for his/her response
in SCC on the Part IV (indexed T-4 now) of "Passport Problem" series. 
RJA's article provided related information on this issue as well as a
brief guideline of "LOSS OF NATIONALITY" which appears on page 3 of
US passport.  I have included an excerpt of RJA's posting at the end of this
article to provide readers with complete information.

In his/her article, RJA also raised a few questions/points on our Part IV:
(1) PRC government may consider the little ABCs as PRC citizens;
(2) US government cannot intervene PRC government's treatment on PRC citizen;
(3) It may not be possible for little ABCs to keep in touch with US embassy/
    consulate, because PRC police usually do not allow PRC citizen get into
    the embassy/consulate.
(4) Dual citizenship is tolerable at US side for people under age 18.

My further discussion:
---------------------

It seems that a more thorough discussion is necessary on this subtle
situation.  I did not explain all the logical points explicitly in 
Part IV (T-4) because that part has already been over-length.  Now let
me explain the whole story with its law and logic background.  The
points here are mainly provided by a lawyer whom my friend (see Part IV)
consulted before he took his daughter back to PRC last December.

Again, we focus our discussion on the ABC's citizenship problem for 
Chinese student, i.e., will the ABCs lose their US nationality if the 
parents take/send them back to China.

1) As soon as an ABC is issued an US passport, he/she is officially recognized
   as an US citizen by US government and has exactly the same rights and 
   obligations as those children whose parents are US nationals if the ABCs
   do not acquire foreign nationality or give up their US citizenship 
   intentionally.

2) How to determine whether an US natural-born child, who lives in his/her 
   parents' home country, has acquired or naturalized as the citizen of that 
   country?  Obviously, the length of period of his/her stay in that country
   cannot be an efficient proof.  Also, if parents do not sign any document
   that proves the US-born ABC with US passport has acquired or naturalized 
   as a citizen of PRC, PRC government is theoretically not able to claim that 
   the ABC's are PRC citizen because the government has no document to support 
   the claim. (If nobody provides PRC with some kind of proof, see Part IV
   suggestion No.1).  Even though there is such a document, if it's not signed
   by the ABC himself/herself or before they are eighteen years old, US won't
   think it's valid.  (This is also supported by the information provided 
   by RJA.) 

   Although under the vague PRC Citizenship Code, the ABC's are forced to have
   PRC nationality, they are still issued US passport because US government 
   just follows US Citizenship Code and has the proof of the ABC's US 
   citizenship (birth certificate).

3) Presume that dual nationality might be tolerated until an ABC's eighteenth
   birthday (see above RJA's information), the ABCs still have chance to
   renounce their PRC citizenship before an official representative of the US
   government.  However, they have already been issued US passport before they
   leave US, they just need to have the passport renewed by US embassy in PRC.
   So, there is no reason for US embassy in PRC not to provide protection and
   help for the little ABC's--US passport bearers.  If it's thought a kind of
   "intervention" in some way, one could say that US is intervening PRC
   "internal affairs" every day, such as human rights, arm sales, etc.  
   On the other hand, PRC may be considered as intervening US internal affairs 
   if PRC claims a person who was born in US and bears US passport!

   The the key point here is that the ABC's want to "defend" their US 
   citizenship which has been admitted by US government, rather than to 
   "claim" US citizenship.
   
4) It's true that the US embassy/consulate in PRC are guarded by PRC police
   and they won't let PRC citizen get in without permission.  But, the ABCs
   bear US passport, they can get into US embassy/consulate in PRC at any time
   (even midnight if US officer agrees) by showing police their US passport.
   Also, there is a big bronze plate on the main entrances of US embassy/
   consulate in PRC which is engraved following emergency guide to US citizens:
   "US CITIZENS: IN CASE OF EMERGENCY AFTER HOURS, PLEASE CALL xxxxxxx (phone 
   #), A MARINE GUARD IS ALWAYS ON DUTY, HE WILL TRANSFER YOUR CALL TO PROPER
   OFFICER TO HELP YOU".  This is a good hint to those who are not allowed to
   get in.  The parents of ABCs may send mail or make phone call so as to keep
   in touch with US embassy/consulate in PRC.  If one is a guest of any 
   American who works in the embassy/consulate, he can get in if he is
   accompanied by the American (if that one is not professor Fang Lizhi or
   Mr. Yang Wei!).  I saw many such cases when I was in PRC.  This should be
   another good way for the parents of ABCs to keep in touch with US officers 
   in PRC. 

In conclusion, under the current US and PRC policies, if the parents of 
ABCs carefully follow the suggestions from lawyer (see Part IV), the risk 
for their ABCs to lose US nationality will be reduced to minimum.

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Appendix:

Information provided by RJA: 
---------------------------
(posted in SCC on Feb. 1, 1989)

Under International Law and the current policy of the US State Department,
the US embassy/consulate in the PRC cannot intervene in any way to assist
someone who the PRC considers a PRC national, regardless of whether that
person claims US citizenship.  There is a specific agreement between the
PRC gov't and the US gov't that ethnic Chinese US citizens born outside 
China of parents who are not PRC nationals will not be considered PRC
nationals.  Also realize that the access to the US Embassy/Consulate
often requires that the PRC police outside the entrance let you pass them.
It is unfortunate but not unheard of for the PRC police to prevent people
from going into the US embassy/consulate.

Children born overseas of at least one parent who is a US citizen must
at age 18 formally renounce all citizenships other than US citizenship
before an official representative of the US government in order to be
issued a US passport.  Until age 18, dual nationality might be tolerated
because the person is not considered an adult under US law.  Likewise,
children born in the US of non-US citizens will be required to make the 
same formal renunciation of non-US citizenships -- unless the child has
in fact resided within the US for most of his/her life including the
period just prior to turning age 18.

Quoting from page 3 of my US passport:
"LOSS OF NATIONALITY.  You may lose your U.S. nationality by being
naturalized in, or by taking an oath or making a declaration of allegiance
to, a foreign state; or by serving in the armed forces or accepting 
employment under the government of a foreign state; or by making a formal
renunciation of nationality either in the United States or before a
diplomatic or consular officer of the United States while abroad.  For
detailed information consult the nearest American embassy or consulate."

Anyone who has been naturalised as a US citizen can tell you about
how the judge administering the oath of citizenship made it very
clear that the US WOULD revoke citizenship if they broke any of the
US guidelines on Loss of Nationality and that the US would revoke
citizenship if that person claimed dual nationality.

=========================  THE END OF Q-4  ===============================