DHS Widens Green Card Path for US-Born Children of Foreign Government Employees

September 5, 2026

Washington: The US Department of Homeland Security (DHS) has expanded a process allowing certain children born in the United States to foreign government employees to register as lawful permanent residents, while acknowledging that a federal court injunction currently limits implementation of the new rule.

The interim final rule took effect on September 4 and applies only to children born on or after that date. It covers cases where neither parent is a US citizen and at least one parent was employed by a foreign government when the child was born.

New rule expands existing regulation

The change implements President Donald Trump’s Executive Order 14418 and expands an existing regulation covering children born in the US to accredited foreign diplomatic officers.

Under the amended regulation, the term “foreign government employee” replaces the narrower term “foreign diplomatic officer”. The expanded definition includes accredited foreign diplomatic officers and nationals employed by their country’s embassy or consulate.

It also covers people working for foreign governments in an official capacity and employees of international organisations who have international-organisation immunity.

However, several categories are excluded. These include personal employees and attendants of foreign officials, such as personal assistants, chauffeurs and housekeepers.

Certain employees of state-owned enterprises, third-country nationals working for foreign governments, some contractors and foreign government employees visiting the US in a personal capacity are also excluded.

Eligible children can seek permanent residence

Under the new process, an eligible person may be considered a lawful permanent resident from birth. Registration for permanent residence is voluntary.

Those who are not US citizens may still be subject to alien-registration requirements under the Immigration and Nationality Act.

DHS is updating Form I-485 and its instructions to replace references to children born in the US under diplomatic status with language covering children born to foreign government employees.

The department is also changing Form G-325R, which would apply to US-born children who do not acquire citizenship at birth, do not use the amended permanent-residence process and remain subject to federal alien-registration requirements.

Federal court injunction limits implementation

DHS said it will not apply the rule to members of the certified class in Casa Inc. v. Trump or take any action that conflicts with a preliminary injunction issued by the US District Court in Maryland.

The restriction will remain in place unless the government obtains relief from the court.

The Fourteenth Amendment generally grants US citizenship to people born in the country and subject to its jurisdiction. The US Supreme Court has historically recognised limited exceptions, including children born to accredited foreign diplomatic representatives.

Federal immigration authorities have allowed eligible children in this category to register as permanent residents since at least the 1940s. Formal regulations establishing the procedure were issued in 1982 and required applicants to demonstrate that they had not abandoned residence in the United States.