Read it wrong, my bad. I would say just go to the place physically though. If they have a legit case then they should be heard. Politics only goes so far.

Get in on your tourist Visa, and apply for asylum and your card from here, do it without overstaying. You have an American son, and thats generally an almost given that they will work with you and make you a special case. The fact is you should be able to go to the American embassy wherever you are and ask to talk to someone but you're not sure who. They will help direct you to the right place, and because your son is American, they will help with the paperwork and help expedite it. You probably wouldn't even be on a tourist Visa. There is a list of visa types, legnths and rules and I'm sure there is one for your situation that may be much more beneficial. Hell, ask at the embassy if you can do a naturalization test at the embassy. Then you don't need to file for a green card. You're an American and you're going home with your new passports.

That's the most common claim at the southern border every day. Economic persecution is how its being posited. All she has to do is say she's religious and she will automatically qualify because of China's human rights violations against religion. Her previous stay here on tourist visa will have given her enough time to find Jesus or whatever and she can be persecuted all day long. Asylum here she comes. It's harder to persecute someone when you share 98% of their lives except you're a despot and a power hungry asshole. That's why most South Americans aren't getting in legally as asylum except economic. There's no reason they should leave their homes except for more money. No one's going to gun them down for existing. We need to take a hard look at our immigration laws, and maybe this couples experience will help that conversation, but for this moment, these rules need to be followed, and I believe saying religious persecution would be more than enough.

She was here and went back to not overstay her visa. Commendable for sure, but it seems the Chinese consulates are ghosting her. Sounds like they don't want her to come to America to me. Lord knows if you say something wrong over there, the party knows immediately, so how could they NOT know about a situation like this? Either it's political, or they really really want this baby to be stateless so that the US doesn't get another Chinese baby, and they don't have to offer the baby any of the "rights and privileges " afforded to the rest of china

I know, but this op sounds like they would pass the sniff test no problem. It's not a mail order bride situation. I will have to reread the op but I think they already had one kid here, if my brain is running right, which makes it an even easier thing to do. The 12-18 months is the total time but you can get a temp card immediately if you're not a suspicious family. I have friends who did it. It's a matter of getting a good immigration lawyer and if the state has no objections, it's a done deal. This op doesn't seem to say money is nonexistant, and even then pro Bono work and even law students can help fill out paperwork and offer free advice, just not as a professional. It's not fast and easy, it's slow, tedious and full of red tape, but its not hard, just more annoying than most people will deal with.

My point exactly was that this wouldn't be an incident specifically because it's not worth it. Reread the post. It will be a paperwork issue, and the fact she's married to an American (if that's right) gives her American citizenship. There will be or usually is spot checks for a few years to make sure they actually are married, but otherwise for all intents and purposes, she SHOULD be American by marriage. Happens all the time with Europeans. Unless the rules are different in dealing with China, unless he's not a citizen, she shouldn't even need a green card.

Why? 1000s of people cross the Mexican border every day illegally and get their paperwork in order PDQ after that, especially if it was mostly in order to begin with. He has the paper trail, it's a matter of showing the right CPB agent and they should have no problems. An immigration lawyer would help, but again, paperwork

Is it worth an international incident with a superpower already getting ready to go to war with them over Taiwan? The politics will be easier to just let her go than to try and negotiate like Russia did with someone who broke the law? This administration is not terribly good at getting stuff done, but this is a much lower profile, fairly standard issue of passport control and visa issue. She won't have a social credit score unless she's been there for a while, and being married to an American would make her an undesirable rather than a bargaining tool. I would think it could be cleared up between 2 low level functionaries at desk jobs, especially as open as this administration has been towards China. I can feel the OPs helplessness and I agree, it's a fucked up situation, but not a hard fix, just a red tape one. The citizenship issue as far as becoming a dual Chinese citizen isn't a problem because China doesn't have dual citizens. The baby will be one or the other, and if Chinese law says the baby can't be Chinese then the American government will claim the baby because of its American Father. More paperwork. In the meanwhile, she can apply for asylum, as a married to citizen visa and passport, may even be able to take the citizenship test at the embassy and become naturalized which would make it a LOT harder for China to hold her. The media here would eat that up. In the end, it will come down to some forms, a lot of sweat on both parents behalf, and some paper pushers trying to get it done before it becomes a real paperwork nightmare. If there's 1 thing all people hate, it's paperwork, and the CCP has a LOT more than we do. Even if its only to save a tree they will get it done. The only REAL problem is if neither is American to begin with, in which case best bet is apply to the UN for a Nansen passport for stateless people. Most governments recognize that and will allow travel on them, and once out of China the process will be easier.

Dude, you were IN Mexico. As an American citizen, you should have just walked across the border. If she's your wife, she gets a visa different than a tourist visa, and since when has anyone from Mexico needed a Visa? Just make sure you walk across at a place where the B.P. is right there, and a pregnant woman with an American citizen usually get a fast track hearing, and coming from China, you could claim asylum until your green card for marriage came through. It shouldn't be hard to verify your ID, and the American consulate in China should have no problem getting an American, which she would be, out of China. It's not like they're holding her hostage, it's red tape. The marriage and baby cut a lot of that red tape as it proves it's not a buy your way through mail order bride situation. Should be easy, just bureaucracy.