By Emmanuella Opara | November 13th 2026
KEY POINTS
- The United States has introduced a green card registration pathway for certain children born on American soil to foreign government employees.
- The provision covers four categories of foreign government personnel, including accredited diplomats and eligible international organisation employees.
- Eligible children can apply for permanent residence through USCIS using Form I-485.
- The arrangement does not automatically grant citizenship or permanent residence.
- Children born before September 4, 2026, remain subject to the immigration rules applicable at the time of their birth.
- Implementation of the wider policy remains subject to a court injunction.
MAIN STORY
The United States has introduced a new immigration pathway allowing certain children born in the country to foreign government employees to apply for lawful permanent residence, commonly known as a green card.
The regulation, introduced by the Department of Homeland Security (DHS) and the US Citizenship and Immigration Services (USCIS), extends an existing arrangement beyond children of foreign diplomatic officers to cover other categories of eligible foreign government employees.
Published in the Federal Register on September 9, the interim final rule applies to qualifying children born in the United States on or after that date.
Under the provision, children born in the US whose parents are not American citizens may voluntarily register for permanent residence if at least one parent belonged to a recognised category of foreign government employees at the time of their birth.
The four categories covered 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 enjoying immunity in the US.
The new provision expands an earlier arrangement that allowed children of foreign diplomatic officers to register for lawful permanent residence.
However, eligibility does not translate into automatic approval. Applicants must submit the required documents and obtain approval from the relevant immigration authorities.
How eligible children can apply
Eligible applicants can seek permanent residence by submitting Form I-485, known as the Application to Register Permanent Residence or Adjust Status, to USCIS.
Although registration is voluntary, 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 introduces changes to Form G-325R, Biographic Information (Registration), to accommodate the additional categories covered by the policy.
Who qualifies under the new rule?
The provision applies where neither parent is a US citizen and at least one parent falls within the four recognised categories of foreign government employees when the child is born.
It does not extend to everyone working for a foreign government or diplomatic mission.
Personal employees hired by individual foreign officials, including domestic workers, chauffeurs and personal assistants, are not automatically eligible.
Certain employees of state-owned enterprises, third-country nationals working at foreign diplomatic missions and contractors who do not meet the qualifying conditions are also excluded.
Children born before September 4, 2026, will continue to be assessed under the immigration regulations that applied when they were born.
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 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 subject to 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 obtains relief from the court.
THE ISSUES
The new provision creates a specific route to permanent residence for children who may not acquire US citizenship at birth because of their parents’ foreign government employment status.
However, the distinction between eligibility for a green card and automatic citizenship is important. The rule does not confer citizenship or permanent residence without an application and approval.
Its scope is also limited to four recognised categories of foreign government employees. Other workers attached to diplomatic missions, including domestic staff and certain contractors, do not automatically qualify.
The court injunction presents another complication, as the government cannot implement the rule against members of the certified class covered by the legal order unless it secures relief.
The development also comes amid a wider legal dispute over the Trump administration’s approach to birthright citizenship, leaving questions about the broader policy unresolved.
WHAT’S BEING SAID
The Federal Register states that the regulation expands an existing arrangement that previously allowed children of foreign diplomatic officers to register for lawful permanent residence.
WHAT’S NEXT
Eligible applicants can submit Form I-485 to USCIS for consideration. The implementation of the wider policy will also depend on the outcome of the legal proceedings surrounding the court injunction.
BOTTOM LINE
The US has expanded access to green card registration for certain children born to foreign government employees, but eligibility is restricted, applications require approval and court proceedings continue to affect implementation of the wider policy.
