The United States has broadened the circumstances under which children born on American soil to certain foreign government employees can obtain lawful permanent residence.
Under a new interim final rule issued by the Department of Homeland Security (DHS), eligible children can register for permanent resident status where neither parent is a U.S. citizen and at least one parent was a qualifying foreign government employee at the time of the child’s birth.
The rule, which took effect September 4, 2026, expands an existing provision that previously covered children born in the U.S. to foreign diplomatic officers.
Rather than limiting eligibility to diplomatic officers, DHS has introduced the broader term “foreign government employee.”
The expanded category covers certain foreign embassy and consulate employees who are nationals of the country they represent, people officially employed by foreign governments and certain employees of international organisations with immunity in the United States.
However, the new provision does not cover everyone working for a foreign government.
DHS specifically excludes personal employees or attendants of foreign officials, certain workers employed by state-owned enterprises, third-country nationals working for foreign governments, certain contractors and foreign government employees visiting the U.S. in a personal capacity.
Eligible children may apply for permanent residence using Form I-485, Application to Register Permanent Residence or Adjust Status.
DHS is also revising its immigration forms to reflect the new category, replacing the previous reference to children “born in the United States under diplomatic status” with “individuals born to a foreign government employee in the United States.”
The department is also updating Form G-325R for children who do not acquire U.S. citizenship at birth and do not register for permanent residence, as they may instead be subject to federal alien-registration requirements.
The rule, however, is currently affected by a federal court injunction in Casa Inc. v. Trump. DHS said it will not implement the regulation against members of the certified class covered by the injunction unless the government obtains relief from the court order.
The rule applies to children born on or after September 4, 2026.
Vanguard News
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