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发帖数: 1216 | 1 网上有这样一个说法“一旦儿童持有了中国户口，就被视作自动放弃了美国国籍”，据
称来源是美国大使馆
我做了点research
首先，在美国北京大使馆上我没有发现类似的说明
其次，放弃美国国籍的官方法律文件我找到了一份
http://travel.state.gov/law/citizenship/citizenship_776.html
其中两部分是相关的
第一部分
A person wishing to renounce his or her U.S. citizenship must voluntarily
and with intent to relinquish U.S. citizenship:
appear in person before a U.S. consular or diplomatic officer,
in a foreign country (normally at a U.S. Embassy or Consulate); and
sign an oath of renunciation
大意是说，申请放弃美国国籍者要自愿，然后要符合三个条件
1、 本人出现在美国领事官员或外交官面前
2、 要在美国驻外的大使馆
3、 在放弃国籍的宣誓上签字
第二部分
F. RENUNCIATION FOR MINOR CHILDREN
Parents cannot renounce U.S. citizenship on behalf of their minor children.
Before an oath of renunciation will be administered under Section 349(a)(5)
of the INA, a person under the age of eighteen must convince a U.S.
diplomatic or consular officer that he/she fully understands the nature and
consequences of the oath of renunciation, is not subject to duress or undue
influence, and is voluntarily seeking to renounce his/her U.S. citizenship.
大意是说，父母不能代替其未成年子女放弃其子女的美国国籍。在放弃国籍宣誓前，未
满18岁的人必须使得美国外交官或是领事人员相信，他或她完全明白放弃美国国籍的意
思和与其带来的后果，并且他或她的放弃国籍的行为是不受外界压迫，他或她本人是完
全自愿的放弃国籍的。
综上两点，我们可以看出，放弃美国国籍是非常严肃的。不存在“自动放弃”这一说法
。特别是未成年人，其放弃自身国籍更加复杂。
最后，放弃美国国籍的决定是不可逆转的，也就说放弃了就不可能再找回来。这里有一
个例外，就是未满18岁的未成年人。如果某人在18岁以前放弃美国国籍，那么该人可以
在18岁之后的6个月内重新申请。
如果有更多的问题，不要相信网上的说法。直接看美国法律，或是直接写信，发信问
Department of State, 一下是联系方式
Express Mail:
Director
Office of Policy Review and Inter-Agency Liaison (CA/OCS/PRI)
Overseas Citizens Services
Bureau of Consular Affairs
U.S. Department of State
4th Floor
2100 Pennsylvania Avenue, N.W.
Washington, D.C. 20037
Phone: 202-736-9110
Fax: 202-736-9111
Email: A****[email protected]
Regular Mail
Director
Office of Policy Review and Inter-Agency Liaison (CA/OCS/PRI)
Overseas Citizens Services
Bureau of Consular Affairs
U.S. Department of State
SA-29, 4th Floor
Washington, D.C. 20520
这下面是相关法律全文
Renunciation of U.S. Citizenship
A. THE IMMIGRATION & NATIONALITY ACT
Section 349(a)(5) of the Immigration and Nationality Act (INA) (8 U.S.C.
1481(a)(5)) is the section of law that governs the ability of a United
States citizen to renounce his or her U.S. citizenship. That section of law
provides for the loss of nationality by voluntarily performing the following
act with the intent to relinquish his or her U.S. nationality:
"(5) making a formal renunciation of nationality before a diplomatic or
consular officer of the United States in a foreign state , in such form as
may be prescribed by the Secretary of State" (emphasis added).
B. ELEMENTS OF RENUNCIATION
A person wishing to renounce his or her U.S. citizenship must voluntarily
and with intent to relinquish U.S. citizenship:
appear in person before a U.S. consular or diplomatic officer,
in a foreign country (normally at a U.S. Embassy or Consulate); and
sign an oath of renunciation
Renunciations that do not meet the conditions described above have no legal
effect. Because of the provisions of section 349(a)(5), Americans cannot
effectively renounce their citizenship by mail, through an agent, or while
in the United States. In fact, U.S. courts have held certain attempts to
renounce U.S. citizenship to be ineffective on a variety of grounds, as
discussed below.
C. REQUIREMENT - RENOUNCE ALL RIGHTS AND PRIVILEGES
In the case of Colon v. U.S. Department of State , 2 F.Supp.2d 43 (1998),
plaintiff was a United States citizen and resident of Puerto Rico, who
executed an oath of renunciation before a consular officer at the U.S.
Embassy in Santo Domingo. The U.S. District Court for the District of
Columbia rejected Colon’s petition for a writ of mandamus directing the
Secretary of State to approve a Certificate of Loss of Nationality in the
case because the plaintiff wanted to retain one of the primary benefits of U
.S. citizenship while claiming he was not a U.S. citizen. The Court
described the plaintiff as a person, "claiming to renounce all rights and
privileges of United States citizenship, [while] Plaintiff wants to continue
to exercise one of the fundamental rights of citizenship, namely to travel
freely throughout the world and when he wants to, return and reside in the
United States." See also Jose Fufi Santori v. United States of America ,
1994 U.S. App. LEXIS 16299 (1994) for a similar case.
A person who wants to renounce U.S. citizenship cannot decide to retain some
of the privileges of citizenship, as this would be logically inconsistent
with the concept of renunciation. Thus, such a person can be said to lack a
full understanding of renouncing citizenship and/or lack the necessary
intent to renounce citizenship, and the Department of State will not approve
a loss of citizenship in such instances.
D. DUAL NATIONALITY / STATELESSNESS
Persons intending to renounce U.S. citizenship should be aware that, unless
they already possess a foreign nationality, they may be rendered stateless
and, thus, lack the protection of any government. They may also have
difficulty traveling as they may not be entitled to a passport from any
country. Even if they were not stateless, they would still be required to
obtain a visa to travel to the United States, or show that they are eligible
for admission pursuant to the terms of the Visa Waiver Pilot Program (VWPP)
. If found ineligible for a visa or the VWPP to come to the U.S., a
renunciant, under certain circumstances, could be barred from entering the
United States. Nonetheless, renunciation of U.S. citizenship may not prevent
a foreign country from deporting that individual back to the United States
in some non-citizen status.
E. TAX & MILITARY OBLIGATIONS /NO ESCAPE FROM PROSECUTION
Also, persons who wish to renounce U.S. citizenship should also be aware
that the fact that a person has renounced U.S. citizenship may have no
effect whatsoever on his or her U.S. tax or military service obligations (
contact the Internal Revenue Service or U.S. Selective Service for more
information). In addition, the act of renouncing U.S. citizenship will not
allow persons to avoid possible prosecution for crimes which they may have
committed in the United States, or escape the repayment of financial
obligations previously incurred in the United States or incurred as United
States citizens abroad.
F. RENUNCIATION FOR MINOR CHILDREN
Parents cannot renounce U.S. citizenship on behalf of their minor children.
Before an oath of renunciation will be administered under Section 349(a)(5)
of the INA, a person under the age of eighteen must convince a U.S.
diplomatic or consular officer that he/she fully understands the nature and
consequences of the oath of renunciation, is not subject to duress or undue
influence, and is voluntarily seeking to renounce his/her U.S. citizenship.
G. IRREVOCABILITY OF RENUNCIATION
Finally, those contemplating a renunciation of U.S. citizenship should
understand that the act is irrevocable, except as provided in section 351 of
the INA (8 U.S.C. 1483), and cannot be canceled or set aside absent
successful administrative or judicial appeal. (Section 351(b) of the INA
provides that an applicant who renounced his or her U.S. citizenship before
the age of eighteen can have that citizenship reinstated if he or she makes
that desire known to the Department of State within six months after
attaining the age of eighteen. See also Title 22, Code of Federal
Regulations, section 50.20).
Renunciation is the most unequivocal way in which a person can manifest an
intention to relinquish U.S. citizenship. Please consider the effects of
renouncing U.S. citizenship, described above, before taking this serious and
irrevocable action.
关于“一旦儿童持有了中国户口，就被视作自动放弃了美国国籍”的说法，其网上来源
是这篇文章
http://article.m4.cn/fm/1104770.shtml
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
美国《时代周刊》6月14日报道，原题：向美国前进的孕妇：中国妈妈为什么愿意在美
国生产？以下是文章内容摘编。
当刘丽登上前往美国的飞机的时候，她在脸上略施薄粉，穿着一件宽松的外衣，头发盘
在头顶。她谨遵中间人的建议，试图把手提包比较自然地拿在肚子前方，一副平静的表
情就像那些到国外去旅游的中国有钱人。但是，刘丽无法控制内心的紧张情绪：身怀六
个月身孕的她计划到美国去生下一个当地公民。
刘丽知道，仅仅通过海关要比获得美国签证简单很多。为了得到能让她去美国生产的旅
游签证，她不得不仔细挑选着装，花大量时间练习走路姿势和面试技巧。她背下大量的
酒店和著名景点的细节，以便让使馆官员相信，她就是一个到美国去购物的中国女人。
“生于美国”的孩子的诱惑
在国外生产已经不是明星和富豪们的专利了，越来越多的野心勃勃的中产阶层父母也幻
想着让他们的孩子手持令自己自豪的护照。咨询机构的办公人员告诉像刘这样的女性：
“这种投资回报率比抢银行还要高。”如果中国孩子在美国出生，他们自动成为美国公
民。孩子21岁之后，他们的父母可以申请绿卡，并移民。
如果想找个近一些的目的地，他们可以去香港，那里的护照可以在120多个国家免签。
好处还包括孩子可以接受双语教育（让他们在国际世界中站稳脚跟），以及在申请中国
大学时享受优惠政策。
刘丽在咨询了几个专为孕期妇女提供服务的机构之后，选择了一个比较出名的代理机构
。机票、人工费、产前产后照顾费用大约2万元。由于大部分航空公司都拒绝承运怀孕
超过32周的乘客，刘丽在怀孕六个月时前往美国，在加利福尼亚一家中国护理中心暂住。
到达美国之后，刘丽发现那里到处都是为像她一样的中国妇女开设的护理中心。刘丽在
极为有限的外出时间到Punete Hill购物中心采购时——这些护理中心对孕妇外出做了
严格的限制：每周三次，每次三个小时——遇到了很多怀孕的中国妇女。这些护理中心
都坐落在美丽的西海岸周边，它们没有营业执照，所以运作得极为谨慎。4月份的时候
，洛杉矶几家非法的护理机构被发现并遭到查封，这让刘丽非常紧张。
国籍矛盾
到美国去生孩子，然后把孩子带回中国，这个过程其实并不复杂。但是麻烦还在后边，
宋静文开始意识到这些问题了。她的儿子持有美国护照，所以中国法律不允许他把户口
落在他母亲的居住地，这表示他不能进入中国学校读书。宋不得不先为他注册一个外籍
居住者的身份，并额外支付一笔钱。他的教育和医疗保险都面临很多限制条件。
宋说：“有些父母给孩子制作假的出生证明，或者欺骗中国大使馆得到中国护照，但后
来发现他们无法申请签证，也无法出国。”她还在犹豫接下来该怎么办。如果宋给他的
儿子上一个假户口，这能让他方便地在本地学校读书，但她担心以前所付出的所有努力
都白费了。
几年前，赵勇给他在美国出生的孩子上了上海市户口。他说：“我们每次去美国的时候
，不得不先申请港澳通行证，从上海海关到香港，然后再用美国护照从香港进入美国。
这个路线比较复杂，但是如果我们直接从上海飞往美国，事情就会败露出来。”
中国法律不承认双重国籍。据美国大使馆的消息，一旦孩子申请了中国户口，他/她就
被认为自动放弃了美国国籍。美国并不是唯一有如此严格规定的国家。在香港出生的孩
子并不会立即获得香港居民身份，而必须定期回到香港——一年一次或者两年一次，直
到18岁——才可以获得“返乡居民”的身份，从而确保国籍。
所谓的“公民福利”
根据美国宪法第14条修正案（1868年批准），在美国出生的人自动成为美国公民，并享
有公共教育、大学贷款、投票权等权利和福利。尽管如此，如果一个人在15岁之后未在
美国工作，也没有缴税，那么这个人只能享受非常有限的美国福利政策。持有绿卡的杨
先生在新泽西工作，他说：“社会制度并没有把不缴税的人完全排除在福利政策之外，
但是这些人不能指望与缴税的公民享受同样的福利政策。当然，每个州的制度不尽相同
。”
宋静文说：“在美国生孩子是一个美好的梦想，但是代价相当高。选择走这条路的人必
须要知道，他们不仅仅需要支付生产和产后护理的费用，孩子整个一生的成本都比普通
人要高很多。”（译者 满仓）
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上面说，这篇文章刊登在2011年6月14日上的美国时代周刊，中文翻译人是“满仓”。
那我又做了点research，然后发现了个很傻逼的事实。如下是美国时代周刊的原版文章
http://www.time.com/time/world/article/0,8599,2077693,00.html
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
Pregnant and Bound for America: Why Chinese Moms Want to Give Birth on U.S.
Soil
This post is in partnership with Worldcrunch, a new global—news site that
translates stories of note in foreign languages into English. The article
below was originally published in Economic Observer.
When Liu Li boarded a plane for the United States, she had a little bit of
makeup on, was wearing a loose dress, and had her hair up. She tried to hold
her handbag in front of her belly in a natural way, just as the middleman
had taught her. She was trying to look as calm as any wealthy Chinese lady
would look when travelling abroad. But Liu Li couldn't help feeling terribly
nervous: she was six months pregnant when she left for the United States,
where she wanted to give birth to an American citizen. (See: "On the Cutting
Edge — China's Extraordinary Buildings")
Liu Li knew that going through customs would be a lot easier than obtaining
a U.S. visa. In order to obtain the tourist visa that enabled her to go to
America for the delivery, she had to carefully choose her clothes, and spend
a lot of time practicing her walking and interview techniques. She
memorized a host of details about her hotel booking and about famous sight-
seeing spots so as to convince the Embassy officer that she was just another
Chinese woman going shopping in the States.
The temptation of a 'born in the USA' child
Giving birth to a child abroad is not a privilege reserved to the stars and
the very wealthy. An increasing number of expectant middle-class parents
also fancy giving their children passports that they can feel proud of. "The
return on investment is higher than robbing a bank," the consultancy agent
tells women such as Liu. When Chinese children are born in America, they
automatically become U.S. citizens. Once they reach 21, their parents will
be able to apply for green cards and emigrate.
Those who would prefer a closer destination can go to Hong Kong, whose
passport gives access to more than 120 countries without the need of a visa.
Advantages include the fact that children will receive bilingual education
(which will give them a foothold in the international world), and the fact
that they will also enjoy the preferential policies for going to Chinese
universities.
After consulting quite a few agencies for expectant mothers, Liu Li chose a
reputable one. Airplane tickets, fees for labor, pre- and post-delivery care
cost her roughly 20,000. Since most airlines refuse to accept women
passengers who are more than 32 weeks pregnant, Liu Li set off for America
when she was six months pregnant and then checked into a Chinese birthing
center in California.
After her arrival, Liu Li realized that the area was full of facilities set
up for Chinese women like herself. On the limited occasions when Liu Li goes
to the Punete Hill Mall near her birthing center — the facility limits
walks outside its premises to three per week, each time for about three
hours — Liu Li bumps into lots of pregnant Chinese women. Birthing centers
such as Liu Li's, which are mostly situated in America's beautiful west
coastal areas, operate without a business license, and try to be as discreet
as possible. In April, a number of illegally converted maternity centers in
Los Angeles were discovered and shut down, which makes Liu Li very nervous.
(See: "China Stamps Out Democracy Protests")
Incompatible nationalities
Going to the United States to give birth and taking a foreign born child
back to China usually proves relatively easy. The difficult part starts only
later, as Song Jingwen is starting to understand. Because her son has a U.S
. passport, the law does not allow him to be registered in his mother's
local area, which means that he will not be automatically admitted to
Chinese schools. Song will have to register him as a foreigner, and pay an
extra fee. His access to education and health care also faces a lot of
constraints.
"Some parents obtain fake birth certificates for their children, or cheat
the Chinese Embassy to get them Chinese passports. But then they can't get
visas or go abroad," Song explains. She is still hesitating on what to do
next. If Song gets her son a fake hukou (the Chinese registration system),
which would make it easier for him to go to a local school, she fears that
all the efforts she has made up to now could be in vain.
A few years ago, Zhao Yong easily obtained a Shanghai hukou for his American
born child. "Every time we want to go to the States, we have to get the
Hongkong-Macao permit to go though Chinese customs, go to Hong Kong, then
fly to the United States and enter the country with the American passport,"
Zhao Yong says. "The trip is a little bit complicated, but if we fly
directly from Shanghai to the States, we won't be able to hide the truth."
Under Chinese law, double nationality is prohibited. According to the
American Embassy, once a child has obtained a Chinese hukou, he is
considered to have given up his American nationality. The United States is
not the only country with strict regulations. A child born in Hong Kong
doesn't get the Hong Kong resident identity card right away, but has to go
back to Hong Kong regularly — every year or two until he is 18 — in order
to register as a "returned resident," and keep his nationality.
The so-called 'citizen's welfare'
According to the 14th Amendment to the U.S. constitution (ratified in 1868),
anyone born in United States automatically becomes an American citizen and
obtains access to public education, university loans, voting, and so on...
Even so, if one does not work in America or pay taxes after the age of 15,
one can only enjoy very limited access to U.S. welfare benefits. "The system
doesn't totally exclude people who don't pay taxes here, but those who do
not pay as much tax as Americans do cannot expect the same benefits. But
each state has different regulations," says Mr. Yang, a Chinese born man who
works in New Jersey and has a green card.
"Giving birth to a child in the States is a wonderful dream, but a very
costly one too," Song Jingwen concludes. "People who choose to go down this
path must know that they will not be paying only for birthing and post
birthing care, but they will also be paying a lot more for the whole life."
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
这个很傻逼的事实是，这篇文章是中国人写的，写在中国经济观察网上（Economic
Observer）。来龙去脉很简单，美国时代周刊跟一个叫"worldcrunch"的机构搞合作，
其主要内容就是把外国文章翻译成英文，刊登在时代周刊。而这篇文章就是被选中，翻
译成了英文。可笑的是国内媒体把这个搞成时代周刊自己的文章，还翻译成中文，殊不
知这本就是中文翻译过去的。现在好了，现在援引这篇文章时都只提“时代周刊”，貌
似美国人很关心这个问题，突然增加了“权威性”。傻不傻逼。 | M****S
发帖数: 1125 | 2 没细看，不过觉得lz非常有心，也欢迎知道这方面信息的筒子一起来分享 | s*****8
发帖数: 86 | 3 最恶心的就是那些吃着锅里还瞅着碗里的。是美国国籍你就好好效忠美国，是中国户口
你就老实会你中国老家，作弊的人最恶心 |
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