Problem with my Certificate of Naturalization

[cw112]

Hi, I recently just became a US citizen and I just had my oath ceremony. After the oath ceremony, I noticed that my country of former nationality on the certificate says "China" instead of "Hong Kong" or "British National Overseas." I DO NOT hold a HKSAR passport but rather a British National Overseas passport. ShouldI file the N-565 form or should I just leave it as it?

Thanks.

 

[asdaman]

Hong Kong is a special Administrative region of the People's Republic of China. It is China. Your passport was issued after 1987, you was born in British Colony in Hong Kong and everyone who was born in Hong Kong up to june 30 year 1997 gets same British Overseas passport . Hong Kong act was passed in year 1985 thus it created new type of British citizens, while you was in Hong King you could apply for HKSAR passport. Shortly speaking your Certificate of naturalization is correct, after 1st july 1997 Hong Kong is part of China.
You are British Citizen.Brits passed that law not to loose rich people with connections in Hong Kong, British knew you will take all your money and will move to Britain.
Hong Kong is not a country.

P.S. I am not a lawyer, just share my opinion.Thank you.

 

[newacct]

and everyone who was born in Hong Kong up to june 30 year 1997 gets same British Overseas passport.

Well actually, for people of Chinese descent (and who thus got PRC citizenship), they had to apply for British National (Overseas) status before the handover in order to get British National (Overseas) status. It is not automatic. Many people did not apply.

You are British Citizen..

British Nationals (Overseas) are generally not British citizens.

 

[newacct]

Hi, I recently just became a US citizen and I just had my oath ceremony. After the oath ceremony, I noticed that my country of former nationality on the certificate says "China" instead of "Hong Kong" or "British National Overseas." I DO NOT hold a HKSAR passport but rather a British National Overseas passport. ShouldI file the N-565 form or should I just leave it as it?

Thanks.

What it says in the "former nationality" field doesn't really have any effect on anything. Many people have multiple nationalities (and will continue to have multiple nationalities), and they just put one on there. The US does not care what nationalities a US permanent resident has or what other nationalities a US citizen has or had.

In your case, it seems you have multiple nationalities. Technically, there is no such thing as "Hong Kong nationality", because only places that are (or claim to be) sovereign states can have a "nationality". There is Chinese nationality, and there is British nationality. The face you have BN(O) status indicates that you have British nationality, but it doesn't mean you don't have Chinese nationality. If you are of Chinese descent and are from Hong Kong, then according to Chinese legal interpretations you are automatically a Chinese national. (And who is a national of a country is solely determined by that country.) In that case what it says on the certificate would not technically be incorrect. So you may not have a basis to change it.

Though it can also be argued that, if you never presented any evidence of Chinese nationality to USCIS, how did they know you were a Chinese national? USCIS is not an expert in the nationality laws of other countries. Did you perhaps put "Hong Kong" instead of the "United Kingdom" as your country of nationality on any forms? If so, since "Hong Kong" is not a valid nationality, and what most people mean when they say "Hong Kong" nationality is that they have an HKSAR passport, which requires Chinese nationality, they probably guessed that you meant "China".

 

[asdaman]

Well actually, for people of Chinese descent (and who thus got PRC citizenship), they had to apply for British National (Overseas) status before the handover in order to get British National (Overseas) status. It is not automatic. Many people did not apply.


British Nationals (Overseas) are generally not British citizens.

He is a British citizen, he has British passport, the other question is how British Government treats those type of second class citizens.

 

[newacct]

He is a British citizen, he has British passport, the other question is how British Government treats those type of second class citizens.

He is not a British citizen. Someone with a British passport is not necessarily a British citizen, just like how someone with a US passport is not necessarily a US citizen. Anyway, this is a domestic definition in each country and not relevant to the discussion here.