Newsman: The Department of Homeland Security issued an interim final rule amending its regulations to allow certain children born in the United States to foreign government employees who are not U.S. citizens to register as lawful permanent residents. The interim final rule announced Friday is effective from Sept. 4, 2026, and applies to children born on or after the rule’s effective date.
The interim final rule replaces the term “foreign diplomatic officer” with the broader term “foreign government employee.” Under the rule, “foreign government employee” includes foreign diplomatic officers accredited to the United States, certain foreign embassy or consulate employees who are nationals of that foreign country, persons employed by a foreign government in an official capacity, and persons employed by an international organization that possesses international-organization immunity.
The rule amends existing regulations that allow children born in the United States to foreign diplomatic officers to register as lawful permanent residents. Consistent with President Trump’s Executive Order 14418, the rule extends that opportunity to eligible children when neither parent is a U.S. citizen nor at least one parent is a foreign government employee at the time of the child’s birth.
The rule also clarifies categories that are not included, such as personal employees or attendants of foreign officials, certain employees of state-owned enterprises, third-country nationals working for foreign governments, certain contractors, and foreign government employees visiting the United States in a personal capacity.
DHS is also updating Form I-485, Application to Register Permanent Residence or Adjust Status, and the related form instructions, to replace references to “Individuals Born in the United States Under Diplomatic Status” with “Individuals Born to a Foreign Government Employee in the United States” and provide other updates to reflect these changes. DHS is also updating Form G-325R, Biographic Information (Registration), to account for children born in the United States who do not acquire U.S. citizenship at birth, choose not to register their permanent residence under the amended regulations, and are subject to the alien registration requirements in the INA.
Given the injunction currently in place in Casa Inc. v. Trump, No. 8:25-cv-00201 (D. Md Sep. 2, 2026), DHS will not take actions to implement the rule specifically to any member of the certified class, or otherwise conflict with the preliminary injunction, unless and until the government obtains relief from the injunction. If the government obtains timely relief from the injunction, DHS will implement the rule accordingly.
The rules explain the details as read as follows:
Purpose
The child of a foreign diplomatic officer accredited by the U.S. Department of State who is born in the United States may voluntarily register for lawful permanent residence.[1]
B. Background
Foreign diplomats enjoy certain immunities under international law. The spouse and child of a diplomat generally enjoy similar immunities. Children born in the United States to accredited foreign diplomatic officers do not acquire citizenship under the 14th Amendment since they are not “born . . . subject to the jurisdiction of the United States.”[2] DHS regulations, however, have long allowed these children to choose to be considered lawful permanent residents (LPRs) from the time of birth.[3]
Registration as a permanent resident under this provision is entirely voluntary, but it does involve an application process.
This registration process is necessary and available only if both parents were foreign diplomats when the child was born. If one parent was an accredited diplomat, but the other was a U.S. citizen or national (but not citizen) of the United States, then the child was “born . . . subject to the jurisdiction of the United States,” and is a citizen.
Legal Authority
8 CFR 101.3 – Creation of record of lawful permanent resident status for person born under diplomatic status in the United States
8 CFR 264.2 – Application for creation of record of permanent residence
Eligibility Requirements
To register permanent residence as a child born in the United States to a foreign diplomatic officer accredited by the Department of State, the applicant must meet the following eligibility requirements:
Eligibility Requirements: Children Born in the United States to Accredited Diplomats
The applicant voluntarily seeks to register permanent residence.
The applicant was born in the United States.
The applicant maintained continuous residence in the United States since birth.
The applicant is physically present in the United States at the time he or she files the application.
The applicant had a parent who was a foreign mission member with diplomatic rank accredited to the United States, at the time of the applicant’s birth.
The applicant lost or waived his or her rights, privileges, exemptions, or immunities which may be claimed by or on behalf of a foreign diplomatic officer.
Voluntarily Seeking the Benefit
This is automatically established by the applicant applying to register permanent resident status in the United States.
2. Born in the United States
The applicant must establish birth in the United States.
3. Continuous Residence in the United States[4]
Generally, absences that would not affect the status of any other LPR do not break the continuous residence of an applicant under this program. Some additional guidelines are applicable to this particular type of case:
Temporary or extended absences from the United States do not break continuous residence if the diplomatic parent remained accredited to the United States during the applicant’s absence. For example, many children of diplomats attend school in their parents’ home country while the parents are on diplomatic assignment. An absence for this purpose, even if it extended for a year or longer, would not be considered a break in the applicant’s continuous residence.
Readmission to the United States as an A or G nonimmigrant[5] at the end of an absence does not break an applicant’s continuous residence.
Departure of the applicant’s diplomatic parent does not break the applicant’s residence if the applicant remains in the United States. However, if the applicant permanently departs with his or her diplomat parent, continuous residence is broken.[6]
4. Parent with Full Diplomatic Immunity at Time of the Applicant’s Birth
One of the applicant’s parents must have been a foreign mission member with diplomatic rank accredited to the United States at the time of the applicant’s birth.[7] Both parents do not have to be accredited foreign diplomatic officers for the applicant to be eligible to register LPR status under 8 CFR 101.3. However, if one parent was an accredited foreign diplomatic officer and the other was a U.S. citizen at the time of child’s birth, then the child was a U.S. citizen at the time of birth and is ineligible to register LPR status.[8]
Not all diplomats or employees of certain designated international organizations admitted to the United States as an A or G nonimmigrant have full diplomatic immunity. For example, the immunities that apply to a foreign consular officer are not the same as those that apply to diplomats.[9] In order to determine eligibility to register for permanent residence based on birth in the United States in diplomatic status, the applicant must submit official confirmation of the diplomatic classification and occupational title of his or her parent at the time of birth.
After receiving the applicant’s filing, USCIS seeks confirmation from the Department of State whether the applicant’s parent or parents were foreign diplomatic officers, as defined by DHS regulations, at the time of the child’s birth.[10]
5. Applicant Lost or Waived Diplomatic Immunity
Because an LPR cannot be immune to the laws of the United States, applicants who retain diplomatic immunity at the time they apply to register permanent residence must submit with their application a completed and signed Request for Waiver of Certain Rights, Privileges, Exemptions, and Immunities (Form I-508).
However, if, at the time an applicant applies to register lawful permanent residence, the applicant has lost diplomatic immunity as verified by USCIS through the Department of State, then the applicant does not need to submit Form I-508 with the application.
Documentation and Evidence
An applicant should submit the following to establish eligibility for lawful permanent residence as a person born in the United States to an accredited foreign diplomatic officer:
Application to Register Permanent Residence or Adjust Status (Form I-485), with the correct fee;
Request for Waiver of Certain Rights, Privileges, Exemptions, and Immunities (Form I-508);
Two passport-style photographs;
Copy of government-issued identity document with photograph;
Copy of birth certificate;
A list of all the applicant’s arrivals into and departures from the United States;
Proof of continuous residence in the United States; and official confirmation of the diplomatic classification and occupational title of the applicant’s parent(s) at the time of the applicant’s birth.
Adjudication
A decision on registration of those born in the United States in diplomatic status does not involve any consideration of admissibility or discretion. If the applicant meets all eligibility requirements,[11] an officer must approve the application. USCIS may require the applicant to appear in person for an interview, if needed.[12]
If approved, USCIS assigns the following code of admission:
