Full Breakdown
DHS Expands Green-Card Path for U.S.–Born Children of Foreign Government Employees
By Drooid · · How we work
Expanded Eligibility Rule
The Department of Homeland Security (DHS) issued an interim final rule that expands lawful permanent-resident eligibility to children born in the United States to foreign government employees when neither parent is a U.S. citizen. The rule is scheduled to take effect on September 4 and applies to children born on or after that date. It replaces the narrow “foreign diplomatic officer” category with a broader “foreign government employee” definition, covering diplomatic officers accredited to the United States, certain embassy or consulate staff, officials employed in an official capacity, and employees of international organizations with immunity.
Background and Scope
The change aligns with President Donald Trump’s Executive Order 14418, which seeks to limit birthright citizenship. Historically, children of diplomats have been able to apply for permanent residence but not citizenship. DHS’s revision broadens this to other foreign-government workers while excluding personal attendants, many state-owned-enterprise staff, third-country nationals, certain contractors, and employees present in a personal capacity. The rule also updates Forms I-485, G-325R, and related instructions to reflect the new eligibility criteria.
Official Requirements and Agency Explanation
Applicants must submit Form I-485, a birth certificate, proof of continuous U.S. residence, travel records, and official confirmation of the parent’s foreign-government employment. In some subcategories, the waiver Form I-508 may be unnecessary. DHS noted that earlier releases inadvertently omitted the evidentiary list, prompting the correction.
What’s Next
The rule remains subject to a preliminary federal injunction in *Casa Inc. v. Trump*, preventing its application to the certified class in that case. DHS says it will implement the rule nationwide if the injunction is lifted, while continuing to accept public feedback during the rule’s effective period.