Because of this July 14, 2020 Executive Order, there is great concern whether persons born in Hong Kong will be chargeable to the China visa category. The Visa Office continues to review this issue but there is legal authority that the Order cannot alter the separate chargeability of Hong Kong. Section 103 of the Immigration Act of 1990 granted the separate chargeability treatment to persons born in Hong Kong. Section 103 states that Hong Kong will be treated as a separate foreign state, “and not as a colony or other component or dependent area of another foreign state.” Stay tuned for updates on this important issue.
