Entering US on b visa too frequently? enter Canada via a land port with another passport? Pls help!!

[alexlittle]

Hi all,
I'm an 18 yo living in China with my mom. My father is a Canadian citizen living in Vancouver BC. He applied for my Canadian citizenship when he immigrated 10 years ago and I got my Canadian passport 2 years ago. But the problem is that Chinese law doesn't allow dual nationality so they came up with the idea that I use my Chinese passport when entering/exiting China and make a stop in the State, then use my Canadian passport when entering Canada via a land port. I travel back and forth every other month, 2weeks in Canada and 6weeks in China. I claimed that I'm going to Canada with my father every time when I was at the passport control, but the last time when I was in Seattle, the cbp officer suspected me that I didn't go to Canada, but actually doing school in the State because it was barely a month since my last visit. He also said that the record showed that I was in US for a couple of weeks and then went straight back to China without going to Canada (since I'm entering Canada with my Canadian passport). They got me into secondary inspection. A few question was asked and they finally let me in. But after that I became quite paranoid, I'm afraid of I won't be allowed to enter next time because I can't provide any proof of going to enter Canada, since I don't want my dual citizenship be found out. So what could I on at my next travel? Would a photocopy of my father's passport or my Canadian citizenship certificate help? BTW I am doing a online school in Canada, so probably the school materials of a Canadian school might help a bit? Besides, that's also part of the reason why I travel a lot, but my intention of entering US is completely sightseeing and transferring. I won't bring any trouble to the countries and I just wanted to see my father... Also I will have my Chinese citizenship renounced at the consulate in Vancouver during my next trip, then attend for a visa to China, so I just want to make sure that there won't be any trouble on my next trip. Thanks a lot for your suggestions!

 

[newacct]

If your father was a Canadian citizen when you were born, then you were automatically a Canadian citizen from birth. In that case, nobody "applied for your Canadian citizenship" because you had it from birth (they may have just gotten proof of citizenship). If you were not a Canadian citizen from birth, the only way you could have gotten it after birth is to enter Canada as a permanent resident and apply for naturalization.

Chinese law doesn't "not allow dual nationality". No country can "allow" or "not allow" dual nationality, because it's not an action. Each country's law determines who has its nationality. When multiple countries' laws say a person has their nationalities, then the person has multiple nationality. A country has no say over whether a person has another country's nationality, so cannot "allow" or "not allow" it. Chinese law says that China "does not recognize that Chinese citizens possess dual nationality", meaning that if a person truly has dual nationality, China only recognizes the person's Chinese nationality, and ignores the person's other nationality. If you were a Canadian citizen and a Chinese citizen from birth, then you do not lose Chinese nationality at any time under any provision of the PRC nationality law. If, on the other hand, you were not a Canadian citizen from birth, and you later naturalized in Canada, then you will lose Chinese nationality under Article 9 of the PRC nationality law for voluntarily acquiring a foreign nationality. In this case, the person doesn't have dual nationality, and there are no "dual nationality" issues.

Regardless, I don't understand why you are not being completely honest with the US CBP. If they ask you for proof you went to Canada, well, the proof is on your Canadian passport. Take it out and show them. People travel around the world all the time with multiple passports. It's not some sketchy thing. CBP sees it all the time. You have nothing to be ashamed of. You may truly have both Canadian and Chinese nationality, as described above, or you may not. But whatever it is, CBP does not have expertise in the intricacies of other countries' nationality laws, and they do not care; that is not their job. They just care that the documents are genuine, and you are staying the right amount of time and not violating your status. Hiding your other passport and acting suspicious will cause you problems, whereas telling the truth won't. Did you lie to CBP at any point? (How did you finally answer their questions?) If you have lied, even if you tell the truth the next time, it can cause you to be banned in the future.

 

[alexlittle]

If your father was a Canadian citizen when you were born, then you were automatically a Canadian citizen from birth. In that case, nobody "applied for your Canadian citizenship" because you had it from birth (they may have just gotten proof of citizenship). If you were not a Canadian citizen from birth, the only way you could have gotten it after birth is to enter Canada as a permanent resident and apply for naturalization.

Chinese law doesn't "not allow dual nationality". No country can "allow" or "not allow" dual nationality, because it's not an action. Each country's law determines who has its nationality. When multiple countries' laws say a person has their nationalities, then the person has multiple nationality. A country has no say over whether a person has another country's nationality, so cannot "allow" or "not allow" it. Chinese law says that China "does not recognize that Chinese citizens possess dual nationality", meaning that if a person truly has dual nationality, China only recognizes the person's Chinese nationality, and ignores the person's other nationality. If you were a Canadian citizen and a Chinese citizen from birth, then you do not lose Chinese nationality at any time under any provision of the PRC nationality law. If, on the other hand, you were not a Canadian citizen from birth, and you later naturalized in Canada, then you will lose Chinese nationality under Article 9 of the PRC nationality law for voluntarily acquiring a foreign nationality. In this case, the person doesn't have dual nationality, and there are no "dual nationality" issues.

Regardless, I don't understand why you are not being completely honest with the US CBP. If they ask you for proof you went to Canada, well, the proof is on your Canadian passport. Take it out and show them. People travel around the world all the time with multiple passports. It's not some sketchy thing. CBP sees it all the time. You have nothing to be ashamed of. You may truly have both Canadian and Chinese nationality, as described above, or you may not. But whatever it is, CBP does not have expertise in the intricacies of other countries' nationality laws, and they do not care; that is not their job. They just care that the documents are genuine, and you are staying the right amount of time and not violating your status. Hiding your other passport and acting suspicious will cause you problems, whereas telling the truth won't. Did you lie to CBP at any point? (How did you finally answer their questions?) If you have lied, even if you tell the truth the next time, it can cause you to be banned in the future.

Hello,
Thanks for your reply!
I was born in China and became Canadian after my father immigrated when I was 3. He applied for my naturalization as his child and that's how I got my Canadian citizenship. I was in China all the time, I didn't go through the whole "become PR and apply for naturalization in Canada" process myself. I received my Canadian passport at a Canadian consulate in China. On the CBP issue, I told them that I entered Canada with my “Canadian document” but I didn't show them my Canadian passport, and they didn't ask any further. I don't know if that's considered as dishonest... Im afraid to tell them about my Canadian passport is because of that I'm concerned if they'd report it to the Chinese authorities, and that may cause my Chinese citizenship be revoked. The only thing that bother me is I won't be carrying my Canadian passport with me next time when I enter the US from China. My father will be helping me to Apple for passport renewal in Canada, and he will take it with him the next time we meet in Seattle, so I don't know what can I show to the CBP officer then I'm entering Seattle next time. Again, thank you very much for your help.

 

[alexlittle]

If your father was a Canadian citizen when you were born, then you were automatically a Canadian citizen from birth. In that case, nobody "applied for your Canadian citizenship" because you had it from birth (they may have just gotten proof of citizenship). If you were not a Canadian citizen from birth, the only way you could have gotten it after birth is to enter Canada as a permanent resident and apply for naturalization.

Chinese law doesn't "not allow dual nationality". No country can "allow" or "not allow" dual nationality, because it's not an action. Each country's law determines who has its nationality. When multiple countries' laws say a person has their nationalities, then the person has multiple nationality. A country has no say over whether a person has another country's nationality, so cannot "allow" or "not allow" it. Chinese law says that China "does not recognize that Chinese citizens possess dual nationality", meaning that if a person truly has dual nationality, China only recognizes the person's Chinese nationality, and ignores the person's other nationality. If you were a Canadian citizen and a Chinese citizen from birth, then you do not lose Chinese nationality at any time under any provision of the PRC nationality law. If, on the other hand, you were not a Canadian citizen from birth, and you later naturalized in Canada, then you will lose Chinese nationality under Article 9 of the PRC nationality law for voluntarily acquiring a foreign nationality. In this case, the person doesn't have dual nationality, and there are no "dual nationality" issues.

Regardless, I don't understand why you are not being completely honest with the US CBP. If they ask you for proof you went to Canada, well, the proof is on your Canadian passport. Take it out and show them. People travel around the world all the time with multiple passports. It's not some sketchy thing. CBP sees it all the time. You have nothing to be ashamed of. You may truly have both Canadian and Chinese nationality, as described above, or you may not. But whatever it is, CBP does not have expertise in the intricacies of other countries' nationality laws, and they do not care; that is not their job. They just care that the documents are genuine, and you are staying the right amount of time and not violating your status. Hiding your other passport and acting suspicious will cause you problems, whereas telling the truth won't. Did you lie to CBP at any point? (How did you finally answer their questions?) If you have lied, even if you tell the truth the next time, it can cause you to be banned in the future.

btw, just clarifying that they didn't ask me to show them my Canadian documents; and I'm aware of that I should show them if it's necessary. Do you have any suggestions of my next entry in February next year? Your helps are sincerely appreciated. Looking forward to your reply!

 

[newacct]

I was born in China and became Canadian after my father immigrated when I was 3. He applied for my naturalization as his child and that's how I got my Canadian citizenship. I was in China all the time, I didn't go through the whole "become PR and apply for naturalization in Canada" process myself. I received my Canadian passport at a Canadian consulate in China.

Was your father a Canadian citizen when you were born? If yes, then you were a Canadian citizen at birth, automatically. If not, then you were not a Canadian citizen at birth, and you must have applied (or your parents applied for you) to naturalize as a child, which required you to have been a Canadian permanent resident living in Canada with a Canadian citizen parent. If you got a Canadian passport before ever going to Canada, the only way that could be possible is if you were a Canadian citizen at birth. You cannot get Canadian citizenship after birth outside Canada.

On the CBP issue, I told them that I entered Canada with my “Canadian document” but I didn't show them my Canadian passport, and they didn't ask any further. I don't know if that's considered as dishonest...

I guess what you said was true, so you didn't lie. Though it is a weird way to say it.

Im afraid to tell them about my Canadian passport is because of that I'm concerned if they'd report it to the Chinese authorities, and that may cause my Chinese citizenship be revoked.

They will not "report" anything to anybody. It doesn't make sense. Lots of people travel with multiple passports. From your information, you genuinely have multiple nationalities, and they are not qualified to make judgment about whether you have those nationalities or not.

The only thing that bother me is I won't be carrying my Canadian passport with me next time when I enter the US from China. My father will be helping me to Apple for passport renewal in Canada, and he will take it with him the next time we meet in Seattle, so I don't know what can I show to the CBP officer then I'm entering Seattle next time. Again, thank you very much for your help.

That is less than ideal. Maybe you can make a notarized copy of your Canadian passport just in case?

 

[alexlittle]

Was your father a Canadian citizen when you were born? If yes, then you were a Canadian citizen at birth, automatically. If not, then you were not a Canadian citizen at birth, and you must have applied (or your parents applied for you) to naturalize as a child, which required you to have been a Canadian permanent resident living in Canada with a Canadian citizen parent. If you got a Canadian passport before ever going to Canada, the only way that could be possible is if you were a Canadian citizen at birth. You cannot get Canadian citizenship after birth outside Canada.


I guess what you said was true, so you didn't lie. Though it is a weird way to say it.


They will not "report" anything to anybody. It doesn't make sense. Lots of people travel with multiple passports. From your information, you genuinely have multiple nationalities, and they are not qualified to make judgment about whether you have those nationalities or not.


That is less than ideal. Maybe you can make a notarized copy of your Canadian passport just in case?

Thank you so much for your help. I'm quite sure that my father has naturalized after I was born, so I assume that I'm not a Canadian citizen at birth. I didn't directly tell them the truth since I'm concerned about that they might determine that my Chinese passport is invalid (as of article 9, loss of Chinese citizenship after acquiring a foreign citizenship) and deny me from entering the States, or maybe even worse. Also, I'm really appreciated for your suggestions. I will have those copies with me during my next visit.

 

[Triple Citizen]

So I assume you have a US visit visa on your PRC passport? What do you show to the airline agent in PRC before boarding a flight?

Thank you so much for your help. I'm quite sure that my father has naturalized after I was born, so I assume that I'm not a Canadian citizen at birth. I didn't directly tell them the truth since I'm concerned about that they might determine that my Chinese passport is invalid (as of article 9, loss of Chinese citizenship after acquiring a foreign citizenship) and deny me from entering the States, or maybe even worse. Also, I'm really appreciated for your suggestions. I will have those copies with me during my next visit.