I am a 38-year-old who has lived in the US since I was 2 years old. I was born in China to Chinese National parents. My parents and I immigrated to the US when was a small child. My parents were naturalized before I became an adult, and thus I gained US citizenship automatically through derived citizenship (INA 320). I've since obtained a US passport, and have traveled back to China using the US passport several times, applying for and receiving a Chinese visa. I've always read that since China doesn't recognize dual citizenship, once I become a US citizen, I lose my Chinese citizenship.
Recently, I was reading the actual wording of the Chinese Nationality Law, and realized that maybe under the actual wording of the law, I may technically still be a Chinese national under Chinese law. Specifically, Article 9 says:
Any Chinese national who has settled abroad and who has been naturalized as a foreign national or has acquired foreign nationality of his own free will shall automatically lose Chinese nationality.
Since I acquired US citizenship automatically through derived citizenship when my parents naturalized, I myself did not technically go through the process of naturalization, nor was my acquisition of US citizenship done of my own free will.
I also know that Article 3 of the Chinese Nationality Law says:
The People's Republic of China does not recognize dual nationality for any Chinese national.
I assume that just means that if I am in China, they will not recognize that I am also a US national, but does not actually mean I lose my Chinese nationality.
I have heard that practically, China treats people who have entered on foreign passports as having given up the Chinese nationality, but in this case, the text of the law seems to imply that I haven't actually lost my Chinese nationality.
Does that mean that maybe I get a Chinese passport? I know mine from when I was a child expired a long time ago, but can I just go to the consulate and apply for a new one?
I did some searching online, and I'm surprised that nobody has mentioned this as a path to holding both US and Chinese citizenship, as I'm sure Chinese national children gaining derived US citizenship from their parents after they move to the US as a minor is pretty common. Does anyone have any real-world experience with how China treats automatic acquisition of US citizenship through INA 320 under the Chinese nationality law?