Dual citizenship

[SAM-18]

My friend's son is born in US and his wife is from China. My friend is a Malaysian. They plan to send their son back to US when he reaches 5 years old. Due to the nature his profession, he requires to travel to US quite often, and at times, he would like to bring along his wife & son as well.

Does his son requires US Visa to enter US? Currently, his son has two passports, US and Malaysia. When he comes back to Malaysia, he uses Malaysian passports.

Anyone can advise?

[rayb]

Sam,

That's what the U.S. passport is for, to reenter the U.S. If he doesn't use the U.S. passport to reenter the U.S., he will need a U.S. visa, for which he is not eligible since he has a U.S. passport. Sounds like a "Catch-22," doesn't it.

--Ray B

My friend's son is born in US and his wife is from China. My friend is a Malaysian. They plan to send their son back to US when he reaches 5 years old. Due to the nature his profession, he requires to travel to US quite often, and at times, he would like to bring along his wife & son as well.

Does his son requires US Visa to enter US? Currently, his son has two passports, US and Malaysia. When he comes back to Malaysia, he uses Malaysian passports.

Anyone can advise?

[SAM-18]

Sam,

That's what the U.S. passport is for, to reenter the U.S. If he doesn't use the U.S. passport to reenter the U.S., he will need a U.S. visa, for which he is not eligible since he has a U.S. passport. Sounds like a "Catch-22," doesn't it.

--Ray B

Appreciate your reply Ray. When I check with my friend, the whole family (including his son) left US to Malaysia using Malaysian passport, although his son possess a US passport. Now, they wanted to go back to US with his son, do you think his son eligible to get a US Visa? Since his son leave US without using his US passport, to US record, he is still in US. As such, he can't be using US passport to enter US. This cause a dilemma to my friend, who is now desperately seeking for advise.

[rayb]

The son can use his U.S. passport to reenter the U.S. The son did not need to have used his U.S. passport to leave the U.S.

A U.S. passport holder is not eligible for a U.S. visa. The passport IS HIS VISA!

--Ray B

Appreciate your reply Ray. When I check with my friend, the whole family (including his son) left US to Malaysia using Malaysian passport, although his son possess a US passport. Now, they wanted to go back to US with his son, do you think his son eligible to get a US Visa? Since his son leave US without using his US passport, to US record, he is still in US. As such, he can't be using US passport to enter US. This cause a dilemma to my friend, who is now desperately seeking for advise.

[SAM-18]

The son can use his U.S. passport to reenter the U.S. The son did not need to have used his U.S. passport to leave the U.S.

A U.S. passport holder is not eligible for a U.S. visa. The passport IS HIS VISA!

--Ray B

Thanks a lot Ray. Appreciate your advise. I will inform my friend.
Last question, is it deemed illegal to give birth in US, if the parents are foreigner? I am sure when my friend bring his family back to US, the immigration officer will ask why the son is born in US.

[rayb]

Thousands of foreign-born folks deliver children in the U.S. every week. Of course it's not illegal.

--Ray B

Thanks a lot Ray. Appreciate your advise. I will inform my friend.
Last question, is it deemed illegal to give birth in US, if the parents are foreigner? I am sure when my friend bring his family back to US, the immigration officer will ask why the son is born in US.

[SAM-18]

Thousands of foreign-born folks deliver children in the U.S. every week. Of course it's not illegal.

--Ray B

Thanks a lot Ray. Appreciate it.