Q & A December 26, 2004

Q & A 1.


Q&A 1.

Taiwan alien who is over 16 and holds U.S. passport can travel to Taiwan for less than 4 months

Reader from Massachusetts asks:

I have read your article regarding “U.S. citizen is not supposed to enlist in the military of other countries” and I have a similar questions.
My son came to U.S. for college education when he reached 19 years old before serving military in Taiwan. He has recently obtained U.S. citizenship. If he uses US passport and entering Taiwan, will he be detained and required for military service by Taiwan’s government? Per Taiwan’s Department of Defense regulation, my son seems not able to change status as an alien. How should I resolve this situation?

Dear reader:

I do not pretend to know the law of other countries regarding their military obligations. I can only relate our communications with the Taiwan Affairs overseas office in New York from which we received the following information:
If the male is under the age of 15, he can use a U.S. passport to travel. From January 1st of the year that he turns 16, he can renew his Taiwan passport and obtain an overseas status stamp of Taiwan after proving that he has been overseas for four years and has a U.S. passport. He can then travel to Taiwan for less than four months. Upon our asking what the circumstances would be if a U.S. citizen used his U.S. passport to travel to Taiwan, a representative said that if he held registration in Taiwan, he would be kept in Taiwan unless he had fulfilled his military service. Readers wishing to verify this information can call the Taiwan Affairs overseas office at (212)486-0088.

Please further note that service in the armed forces of a foreign state is cause for taking away U.S. citizenship if such person serves as a commissioned or noncommissioned officer.

 

Copyright © 2003 - 2004 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.