US opens green card route for children of foreign govt workers
The United States has introduced a new immigration pathway that allows certain children born on American soil to foreign government employees to apply for lawful permanent residency, 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 an existing provision that previously covered only children of foreign diplomatic officers to include other categories of foreign government employees.
An interim final rule published in the Federal Register on September 9, and reviewed by PUNCH Online on Friday, applies to eligible children born in the United States on or after that date.
Under the regulation, children born in the US to parents who are not American citizens may voluntarily register for permanent residency, provided 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 employees covered by the new provision.
These include foreign diplomatic officers accredited to the United States, employees of foreign embassies and consulates who are citizens of the countries they represent, individuals serving foreign governments in official capacities, and employees of international organisations entitled to immunity under US law.
The regulation expands an existing immigration arrangement that previously permitted children of foreign diplomatic officers to register for lawful permanent residence.
DHS said the expanded provision is intended to create an avenue for eligible children who do not automatically acquire American citizenship at birth to obtain a recognised immigration status.
However, eligibility under the new policy does not automatically confer US citizenship or permanent residency. Applicants must complete the required registration process and secure approval from the relevant immigration authorities.
How eligible children can apply
Under the new arrangement, qualified children can seek permanent residency 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 residency through the provision may still be required to meet applicable US alien registration requirements.
The regulation also introduces amendments to Form G-325R, Biographic Information (Registration), to accommodate the additional categories of children covered by the policy.
Who qualifies for the new provision?
The policy applies 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 at the time of the child’s birth.
However, the provision does not extend to everyone employed by a foreign government or diplomatic mission.
Personal staff engaged by individual foreign officials, including domestic workers, chauffeurs and personal assistants, are not automatically eligible.
Some employees of state-owned enterprises, third-country nationals working at foreign diplomatic missions and contractors who do not satisfy the stipulated conditions are also excluded.
Children born before September 4, 2026, will remain subject to the immigration regulations that were in force at the time of their birth.
The new policy stems from Executive Order 14418, titled Continuing to Protect the Meaning and Value of American Citizenship, which President Donald Trump issued on August 6, 2026.
The executive order instructed DHS to establish procedures for addressing the immigration status of certain children born in the United States to parents who are foreign government employees and neither of whom holds American citizenship.
However, implementation of the broader policy remains 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 under the injunction unless the government secures relief from the court.
The development establishes a specific green card registration route for qualifying children born in the United States to certain foreign government employees, while the wider legal and political debate surrounding birthright citizenship and the Trump administration’s immigration policies continues.
About The Author
