Applying for Gold Card as an American citizen born in the Mainland

Hi everyone – I know that there are a lot of Gold Card questions on here, I hope you’ll forgive one more. I’m an American citizen that was born in Beijing. I was an American citizen from birth – my mother made sure of that. At the time of my birth, both of my parents were American citizens (still are). I’m applying for a Gold Card via the income option, but I got a message saying that I need to provide a document that shows I renounced my Chinese citizenship. This is, of course, impossible because I have never had Chinese citizenship. After explaining this to the Gold Card office, the Straits Exchange Foundation, TECRO, and AIT, they all acknowledge that the system doesn’t account for people who were born American citizens in the Mainland. Regardless, they insist on this document, even though it doesn’t exist.

I am currently visiting Taiwan, which presents a great opportunity to resolve some of these issues. How can I make the best use of my time here so I can plead my case for the Gold Card? What offices should I visit? And – be honest – am I just out of luck since I was born in the Mainland? If so, is there another visa option for me? I will be working as a consultant with a company that is based in another Asian country, entirely virtual.

Thank you so much – appreciate any advice you can give!

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do you mean your mother is/was dual citizen of us and chine, and she didn’t register you to chine, and you got a visa from beijing to leave china? if so, can’t you or didn’t you get a non-registration certificate from baijing police?

Sounds like a tough one. China might be able to provide a letter that states that you are not a citizen of their country?

This is not exactly the same thing, but when I took up a job in another country, the government asked that I provide a police report from Hong Kong where I was living at the time, in order to issue my visa.

The problem was HK did not provide police reports at that time, but the country insisted I provide them with something. I ended up just sending them a letter from the HK Police stating they cannot legally provide criminal background reports. That was sufficient, and I got my visa.

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I’m guessing both OP’s parents are US citizens, not dual, and OP is natural-born American.

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i asked it because op said

i think it might mean there was a possibility that op got a chinese citizenship and the mother made sure it didn’t happen.

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Hi there – thank you for your answers! Sorry if I wasn’t clear – both my parents are US citizens, not dual, and I am a natural-born American. The “my mother made sure of that” comment was simply to say that my mother worked hard to make sure that she did everything correctly to make sure I could be born as an American citizen abroad. You can’t have dual citizenship in China, so my American citizenship at birth should be enough for Taiwanese authorities to know that I have never been a Chinese citizen.

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in some situation you do, but unless at least one of your parents have chinese citizenship, it is impossible.

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in some situation you do, but unless at least one of your parents have chinese citizenship, it is impossible.
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Is that the case? Article 3 of the China Nationality Law bars dual nationalities, but it’s very possible that there’s an exception I’ve never heard of. Maybe that’s the problem? My father was a Chinese citizen up until three years before I was born.

this may be the problem. if you provide a proof he renounced it three years before you were born, that might work.

Article 3 of the China Nationality Law says China does not recognise dual nationality. not China does not allow dual nationality

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I’m so glad it worked out for you! Maybe something like that would work – the Straits Exchange Foundation said I could go to China (I wish it were that easy!) and get a document notarized saying that I was never a citizen. I don’t think that’s possible, since you can’t really prove a negative. I’ll look into getting a letter from the police – maybe via a relative in Beijing? Thank you for the advice.

If China won’t give you a document clarifying you are not a Chinese citizen, would an indirect approach work? Perhaps ask for something in China that is open to Chinese citizens only. When an official body states you are ineligible because you are not a citizen, you could use that document to apply for the Gold Card.

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or visa from china. they don’t recognize citizen’s foreign nationality, so you or your parents have/had visa means you don’t have chinese citizenship.

Yes, this.

If none of the above work, then maybe you can provide both your parents’ US passports from the time you were born, if they still have them.

From their passports, they can see the Chinese visas, and entry and exit stamps. These will prove that they were living in China as US citizens on Chinese visas at the time of your birth.

If this fails, you may also maybe get entry and exit records from Chinese immigrations department that prove the entry and exit dates of your parents, and method of entry and exit. That will also prove that they were living in China as US citizens on Chinese visas at the time of your birth.

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Thanks for the suggestion. Unfortunately we don’t have those passports anymore – my parents have not kept the best records. I’m already submitting my passport and Chinese visas over the last 13 years, but they’re asking for the Hukou renunciation document on top of that.

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This is a great idea! I’ll give it a try.

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How much have you discussed it with these organizations? I’m wondering whether each of them just fobbed you off because they weren’t sure how to deal with it themselves. It seems obvious to me you should just be treated as a U.S. citizen, but maybe your situation is so unusual they haven’t come across it before and don’t know how to handle it?

Maybe @fifieldt has an idea?

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Seen this situation mentioned a few times before though not sure if any solution was found for it. It doesn’t just seam to affect Gold Card applications.

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Extensively with the Gold Card Office and Straits Exchange Foundation. AIT and TECRO brushed me off and said that they don’t deal with those issues, which I found interesting.

did you ask about a proof your father lost his citizenship before you were born?

the document ypu are requested is if you were born in china and originally had chinese nationality. if you could prove it is impossible you got it at your birth, it must be ok, logically.

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I did. They will not accept it. Those that understand the situation do acknowledge that it is a logical inconsistency, but no one can do anything about it.

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