DHS expands green card eligibility for certain US-born children of foreign government employees
Key Points(5)
- Department of Homeland Security has issued a new rule allowing certain children born in the United States to foreign government employees who are not U.S.
- citizens to register as lawful permanent residents.
- The interim final rule took effect Sept.
- 4 and applies to children born on or after that date.
- It expands existing regulations that allow U.S.-born children of foreign diplomatic officers to register as lawful permanent residents.
The U.S. Department of Homeland Security has issued a new rule allowing certain children born in the United States to foreign government employees who are not U.S. citizens to register as lawful permanent residents.
The interim final rule took effect Sept. 4 and applies to children born on or after that date.
It expands existing regulations that allow U.S.-born children of foreign diplomatic officers to register as lawful permanent residents. Under the change, the provision will extend to eligible children when neither parent is a U.S. citizen and at least one parent is a foreign government employee at the time of the child's birth.
The change is consistent with President Donald Trump's Executive Order 14418, according to DHS.
The rule replaces the term “foreign diplomatic officer” with the broader designation “foreign government employee.”
Under the new definition, foreign government employees can include diplomatic officers accredited to the United States, certain foreign embassy or consulate employees who are nationals of the country they represent, people working for a foreign government in an official capacity and employees of international organizations that have international-organization immunity.
However, not everyone associated with a foreign government qualifies.
The rule excludes categories including personal employees or attendants of foreign officials, certain employees of state-owned enterprises, third-country nationals working for foreign governments, certain contractors and foreign government employees who are in the United States in a personal capacity.
DHS is also updating Form I-485, the Application to Register Permanent Residence or Adjust Status, and its instructions to reflect the expanded regulations.
References to “Individuals Born in the United States Under Diplomatic Status” will be replaced with “Individuals Born to a Foreign Government Employee in the United States.”
Form G-325R, Biographic Information (Registration), is also being updated to account for U.S.-born children who do not acquire U.S. citizenship at birth, do not register for permanent residence under the amended regulations and are subject to registration requirements under the Immigration and Nationality Act.
Implementation of the rule is currently subject to a federal court injunction, however.
DHS said that because of the preliminary injunction in Casa Inc. v. Trump, it will not apply the rule to members of the certified class in that case or take other actions that conflict with the injunction.
If the federal government obtains relief from the injunction, DHS said it will implement the rule accordingly.
