The United States has introduced a new immigration pathway allowing certain children born on American soil to foreign government employees to apply for lawful permanent residence, commonly referred to as a green card.
The new policy, introduced by the Department of Homeland Security (DHS) and the US Citizenship and Immigration Services (USCIS), broadens eligibility beyond children of foreign diplomatic officers to include other specified categories of foreign government employees.
An interim final rule published in the Federal Register on September 9 and obtained by PUNCH Online on Friday applies to eligible children born in the United States on or after the specified date.
Under the regulation, children born in the US to parents who are not American citizens may voluntarily register for permanent residence, provided at least one parent belonged to a recognised category of foreign government employees when the child was born.
According to the Federal Register, the new provision covers four categories of foreign government personnel.
“They include foreign diplomatic officers accredited to the United States, employees of foreign embassies and consulates who are nationals of the countries they represent, individuals employed by foreign governments in an official capacity, and employees of international organisations that enjoy immunity in the United States.
“The regulation expands an existing arrangement that previously allowed children of foreign diplomatic officers to register for lawful permanent residence,” the Federal register added.
DHS said the expanded policy is designed to create an immigration status option for qualifying children who do not automatically obtain American citizenship at birth.
However, eligibility under the new arrangement does not mean automatic approval for US citizenship or permanent residency. Applicants must complete the required procedures and secure approval from the appropriate immigration authorities.
How eligible children can apply
Under the new regulation, qualifying children can seek lawful permanent residence by filing Form I-485, officially known as the Application to Register Permanent Residence or Adjust Status, with USCIS.
Although registration is voluntary, children who do not obtain permanent residence through the new provision may still be required to meet applicable US alien registration obligations.
The regulation also introduces adjustments to Form G-325R, Biographic Information (Registration), to reflect the additional categories of children covered by the expanded policy.
The policy is limited to children whose parents are both non-US citizens, provided at least one parent belonged to any of the four recognised categories of foreign government employees when the child was born.
It does not extend to everyone employed by a foreign government, embassy or diplomatic mission.
For example, individuals personally employed by foreign officials, including domestic workers, chauffeurs and personal assistants, do not automatically qualify under the new arrangement.
Some workers employed by state-owned companies, third-country nationals working in foreign diplomatic missions and contractors who fail to satisfy the eligibility conditions are also excluded.
Children born before September 4, 2026, will remain subject to the immigration rules that were applicable at the time of their birth.
The policy follows Executive Order 14418, titled ‘Continuing to Protect the Meaning and Value of American Citizenship’, signed by President Donald Trump on August 6, 2026.
The executive order instructed DHS to develop procedures for addressing the immigration status of certain American-born children whose parents are foreign government employees and neither of whom holds US citizenship.
However, implementation of the broader policy is affected by a court injunction in Casa Inc. v. Trump.
According to the Federal Register notice, DHS will not enforce the regulation against individuals covered by the certified class in the injunction unless the government secures further relief from the court.
The new development establishes a specific route to green card registration for qualifying children born in the United States to certain foreign government employees.
Nevertheless, the policy does not grant automatic permanent residency or citizenship, while wider questions surrounding birthright citizenship and ongoing legal challenges to the Trump administration’s immigration policies remain unresolved.
