Children born in the U.S. to foreign government employees may gain new pathways to permanent residency under a recent rule change by the Department of Homeland Security.
The Department of Homeland Security (DHS) has announced an expansion of green card eligibility for certain children born in the United States to foreign government employees. This new rule, issued as an interim final regulation on September 4, 2026, broadens the existing provisions that previously applied only to children of foreign diplomatic officers.
Under the revised regulations, children born in the U.S. to foreign government employees can now apply for lawful permanent residency, provided that neither parent is a U.S. citizen and at least one parent was a foreign government employee at the time of the child’s birth. This change aligns with President Donald Trump’s Executive Order 14418 and modifies the definition of eligible foreign government employees.
Previously, the term “foreign diplomatic officer” was used to describe those eligible for this pathway. The new rule replaces this term with the broader designation of “foreign government employee.” This expanded definition encompasses foreign diplomatic officers accredited to the United States, certain employees of foreign embassies and consulates who are nationals of their respective countries, individuals employed by foreign governments in an official capacity, and employees of international organizations that hold international-organization immunity.
However, the rule does not apply universally to all individuals associated with foreign governments. DHS has explicitly excluded personal employees or attendants of foreign officials, certain employees of state-owned enterprises, third-country nationals working for foreign governments, and individuals employed for personal purposes rather than official duties.
This change could have significant implications for children born in the U.S. to parents who hold official positions in foreign governments but do not meet the narrower criteria of diplomatic officers established in previous regulations. The new rule aims to provide these children with a clearer pathway to permanent residency.
In conjunction with the rule change, DHS is also updating the relevant immigration paperwork. The Form I-485, which is the Application to Register Permanent Residence or Adjust Status, will no longer reference “Individuals Born in the United States Under Diplomatic Status.” Instead, the form will now use the broader term “Individuals Born to a Foreign Government Employee in the United States.”
Additionally, DHS is revising Form G-325R, which collects biographic information for children born in the U.S. who do not automatically acquire U.S. citizenship at birth and do not opt to register for permanent residency under the new regulations. According to DHS, these children may still be subject to alien registration requirements under the Immigration and Nationality Act.
While the interim final rule took effect on September 4, 2026, it is important to note that its implementation is currently limited by a federal court injunction in the case of Casa Inc. v. Trump, No. 8:25-cv-00201, in the U.S. District Court for the District of Maryland. This injunction restricts how DHS can enforce the new rule.
DHS has stated that it will refrain from implementing the rule for any members of the certified class affected by the injunction until the government secures relief from the court. If timely relief is granted, DHS plans to proceed with the implementation of the rule.
As it stands, the revised regulations represent a significant shift in the eligibility criteria for permanent residency for certain U.S.-born children of foreign government employees. However, the extent to which these changes can be enacted will depend on the ongoing legal proceedings and any potential modifications to the current injunction.
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