Exploring the Possibilities of Holding a Hong Kong Passport and a United States Green Card Simultaneously

The number of Hong Kong permanent residents holding, or seeking to hold, a United States Green Card has increased markedly since 2023. The U.S. Citizenship and Immigration Services (USCIS) reported that in Fiscal Year 2024, 4,567 Hong Kong-born individuals obtained lawful permanent residence, a 22% increase from the 3,742 recorded in FY2023. This trend coincides with the expansion of the U.S. Hong Kong-related visa categories under the E.O. 13936 framework, which remains in effect through 2026. For Hong Kong passport holders, the central question is not whether dual nationality is recognised—Hong Kong, as part of China, does not permit dual nationality—but whether the de facto holding of a Hong Kong Special Administrative Region (HKSAR) passport alongside a U.S. Green Card is legally sustainable under Hong Kong law. This article examines the statutory framework, the practical risks, and the procedural steps for those navigating this dual-status scenario. The answer is not a simple yes or no; it depends on the holder’s intent, their place of ordinary residence, and the specific terms of their U.S. immigration status.

The Legal Framework: Hong Kong’s Stance on Dual Nationality and Permanent Residence

The Nationality Law and HKSAR Passport Eligibility

Hong Kong law on nationality is governed by the Nationality Law of the People’s Republic of China, as applied to the Hong Kong Special Administrative Region under the Interpretation by the Standing Committee of the National People’s Congress dated 15 May 1996. The law is unequivocal: the People’s Republic of China does not recognise dual nationality. A Chinese national who acquires a foreign nationality automatically loses Chinese nationality. For HKSAR passport holders, this means that naturalising as a U.S. citizen—and thereby obtaining a U.S. passport—would result in the forfeiture of the HKSAR passport and Chinese nationality.

The critical distinction is between a U.S. passport and a U.S. Green Card. A Green Card confers lawful permanent residence in the United States. It does not confer U.S. citizenship. The Immigration and Nationality Act (INA) defines a Lawful Permanent Resident (LPR) as a non-citizen authorised to live and work permanently in the U.S. Because the Green Card does not grant foreign nationality, its acquisition does not, by itself, trigger the loss of Chinese nationality under the PRC Nationality Law. The HKSAR Immigration Department’s policy, as stated in its 2023 publication “Guidebook for the Application for HKSAR Passport,” confirms that holding a foreign permanent residence permit does not affect eligibility for an HKSAR passport, provided the applicant remains a Chinese national.

The “Ordinary Residence” Condition

The practical complication arises from the requirement of “ordinary residence” in Hong Kong. Section 2(1) of the Hong Kong Immigration Ordinance (Cap. 115) defines a “permanent resident” as a person who has “ordinarily resided in Hong Kong for a continuous period of not less than 7 years.” Holding a Green Card and residing primarily in the United States can break this period of ordinary residence.

The Court of Final Appeal in Director of Immigration v. Chong Fung Yuen (2001) 4 HKCFAR 211 established that “ordinary residence” requires a habitual mode of living in a particular place. If a Green Card holder spends more than 183 days per year outside Hong Kong, or establishes a primary residence in the U.S., the Director of Immigration may determine that the individual is no longer “ordinarily resident” in Hong Kong. This determination could lead to the loss of permanent resident status, and consequently, the right to hold an HKSAR passport.

Practical Pathways: Maintaining Both Statuses

Step 1: Establish a Primary Residence in Hong Kong

For a HKSAR passport holder who obtains a U.S. Green Card, the safest path to maintaining both documents is to ensure that Hong Kong remains their “primary residence” for the purposes of the Immigration Ordinance. This requires:

• Maintaining a lease or property deed in Hong Kong.
• Paying Hong Kong salaries tax (if employed) or profits tax (if self-employed).
• Registering for the Hong Kong public healthcare system and using it as the primary medical provider.
• Keeping a Hong Kong bank account as the primary account for salary and bill payments.

The U.S. Green Card does not require the holder to reside in the United States, but it does require the holder to maintain the U.S. as their “principal place of abode” for immigration purposes. This creates a direct conflict. The USCIS defines “principal place of abode” as the location where the Green Card holder intends to reside permanently. If a Hong Kong passport holder maintains a primary residence in Hong Kong, they risk being deemed to have abandoned their U.S. permanent residence.

Step 2: Obtain a Re-entry Permit from the U.S.

The solution for many Hong Kong passport holders is to apply for a U.S. Re-entry Permit (Form I-131). This permit allows a Green Card holder to remain outside the United States for up to two years without abandoning their permanent residence. The permit is valid for two years from the date of issuance. During this period, the holder can maintain their Hong Kong ordinary residence without triggering a USCIS abandonment determination.

The application must be filed while the Green Card holder is physically present in the United States. The processing time for Form I-131 is currently 12 to 18 months, according to the USCIS Processing Times Dashboard as of January 2025. The holder must appear for biometrics at a USCIS Application Support Center in the U.S. before departing.

Step 3: Limit Time Outside Hong Kong

Even with a Re-entry Permit, the Hong Kong Immigration Department will scrutinise the holder’s physical presence in Hong Kong. To maintain ordinary residence, the holder should spend at least 183 days per calendar year in Hong Kong. The Hong Kong Inland Revenue Department (IRD) uses the 183-day rule for determining tax residency under the Inland Revenue Ordinance (Cap. 112). While the IRD’s determination is not binding on the Immigration Department, it serves as a useful benchmark.

The holder should keep a travel log, including flight itineraries, boarding passes, and entry/exit stamps. The Immigration Department may request this documentation during a passport renewal application.

Risks and Consequences of Dual Status

Loss of HKSAR Passport

The most immediate risk is the loss of the HKSAR passport. If the Director of Immigration determines that the holder is no longer “ordinarily resident” in Hong Kong, the passport may be cancelled under section 4(1) of the Hong Kong Special Administrative Region Passports Regulations (Cap. 539 sub. leg.). The holder would then be issued a Document of Identity for Visa Purposes (a “Document of Identity”), which has significantly less travel freedom than an HKSAR passport.

The HKSAR passport currently enjoys visa-free or visa-on-arrival access to 171 countries and territories, according to the Henley Passport Index 2025. A Document of Identity, by contrast, requires a visa for virtually all destinations. The loss of the passport would be a significant practical disadvantage for frequent travellers.

Loss of U.S. Permanent Residence

Simultaneously, the holder risks losing their U.S. Green Card. The USCIS may determine that the holder has abandoned their U.S. permanent residence if they spend more than one year outside the U.S. without a Re-entry Permit. Even with a Re-entry Permit, the USCIS will consider factors such as:

• The location of the holder’s immediate family.
• The location of the holder’s employment.
• The holder’s tax filings (U.S. tax returns must be filed annually regardless of residence).
• The holder’s U.S. bank accounts and property.

If the USCIS determines abandonment, the Green Card is revoked. The holder may be required to apply for a new immigrant visa from a U.S. consulate abroad, a process that can take several years.

Criminal Consequences for False Declarations

Both jurisdictions impose criminal penalties for making false declarations. In Hong Kong, making a false statement in an application for a HKSAR passport is an offence under section 42(1) of the Immigration Ordinance, punishable by a fine of HK$150,000 and imprisonment for 14 years. In the United States, making a false claim to U.S. citizenship or making a false statement in a Green Card application is a federal offence under 18 U.S.C. § 1015, punishable by a fine and imprisonment for up to 5 years.

A Hong Kong passport holder who declares on a passport renewal form that they are “ordinarily resident in Hong Kong” while actually residing primarily in the United States could be committing an offence in both jurisdictions.

Case Studies: Illustrative Scenarios

Case A: The Commuter

Ms. Chan, a Hong Kong permanent resident, obtained a U.S. Green Card through the EB-5 Immigrant Investor Program in 2023. She maintains a flat in Wan Chai and a residence in Los Angeles. She spends six months each year in Hong Kong and six months in the U.S. She files U.S. tax returns but does not pay Hong Kong salaries tax because her employer is a U.S. company.

Outcome: Ms. Chan’s situation is high-risk. The Hong Kong Immigration Department may determine that she is not “ordinarily resident” in Hong Kong because her primary employment and tax nexus is in the U.S. Her HKSAR passport renewal application could be denied. Simultaneously, the USCIS may determine that she has abandoned her U.S. permanent residence because she spends less than 183 days per year in the U.S.

Case B: The Retiree

Mr. Lee, a retired civil servant, holds a HKSAR passport and a U.S. Green Card obtained through a family petition in 2024. He lives in Hong Kong year-round but visits his children in the U.S. for two weeks each year. He pays Hong Kong property tax and has no U.S. income.

Outcome: Mr. Lee’s situation is lower-risk. He maintains ordinary residence in Hong Kong, and his U.S. presence is minimal. However, he must file a U.S. tax return annually (Form 1040-NR) and may need to apply for a Re-entry Permit if he plans to leave the U.S. for more than one year. His HKSAR passport renewal is likely to proceed without issue.

Actionable Takeaways

1. Holding a U.S. Green Card does not automatically invalidate your HKSAR passport, but you must maintain Hong Kong as your place of “ordinary residence” by spending at least 183 days per year in Hong Kong.
2. Apply for a U.S. Re-entry Permit (Form I-131) before any extended absence from the United States exceeding one year to preserve your Green Card status.
3. File U.S. tax returns annually as a Green Card holder, regardless of where you physically reside, to avoid USCIS abandonment determinations.
4. Maintain a Hong Kong bank account, pay Hong Kong taxes, and keep a Hong Kong residential address to demonstrate “ordinary residence” to the Immigration Department.
5. Consult a Hong Kong immigration solicitor and a U.S. immigration attorney before making any changes to your residence pattern, as individual circumstances vary significantly.

This does not constitute legal advice. Consult a solicitor for your specific case.