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The United States has expanded eligibility for lawful permanent residence, commonly known as a green card, to cover certain children born on American soil to foreign government employees who are not US citizens.
The new provision, introduced by the Department of Homeland Security (DHS) and the US Citizenship and Immigration Services (USCIS), extends an existing immigration arrangement beyond children of foreign diplomatic officers to include other categories of foreign government personnel.
The interim final rule, published in the Federal Register on September 9, applies to eligible children born in the United States on or after September 4, 2026.
Under the regulation, a child may voluntarily register for permanent residence if neither parent is an American citizen and at least one parent belonged to a recognised category of foreign government employees when the child was born.
The Federal Register identifies four categories of eligible employees.
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 working for foreign governments in an official capacity, and employees of international organisations enjoying immunity in the US.
The regulation expands the previous arrangement, which allowed children of foreign diplomatic officers to register for lawful permanent residence.
DHS said the change was designed to provide an immigration status pathway for eligible children who do not acquire American citizenship at birth.
However, the provision does not automatically grant citizenship or permanent residence to every child covered by the new categories. Applicants must submit the required documents and receive approval from the relevant immigration authorities.
How eligible children can apply
Children who meet the requirements can apply for lawful permanent residence by submitting Form I-485, officially known as the Application to Register Permanent Residence or Adjust Status, to USCIS.
The registration process is voluntary. However, children who do not obtain permanent residence under the provision may still be required to comply with applicable US alien registration requirements.
The regulation also updates Form G-325R, Biographic Information (Registration), to accommodate the additional categories of children covered by the policy.
Who qualifies for the new provision?
The new arrangement applies only to children whose parents are both non-US citizens, provided at least one parent belonged to one of the four recognised categories of foreign government employees when the child was born.
It does not automatically cover everyone working for a foreign government or diplomatic mission.
Personal employees hired by individual foreign officials, including domestic workers, chauffeurs and personal assistants, are excluded from automatic eligibility.
Some employees of state-owned enterprises, third-country nationals working at foreign diplomatic missions and contractors who do not satisfy the qualifying conditions are also excluded.
Children born before September 4, 2026, will continue to be assessed under the immigration regulations that applied at the time of their birth.
The policy follows Executive Order 14418, titled ‘Continuing to Protect the Meaning and Value of American Citizenship’, issued by President Donald Trump on August 6, 2026.
The executive order directed DHS to establish procedures for addressing the immigration status of certain US-born children whose parents are foreign government employees and neither of whom is an American citizen.
However, implementation of the wider policy is affected by a court injunction in *Casa Inc. v. Trump*. According to the Federal Register notice, DHS will not enforce the rule against members of the certified class covered by the injunction unless the government secures relief from the court.
The new regulation therefore creates a specific green card registration option for eligible children born in the US to certain foreign government employees, while the wider legal dispute surrounding the administration’s birthright citizenship policy remains unresolved.
