US Opens Green Card Route for Children of Foreign Government Employees Born in America

• The US Department of Homeland Security and USCIS introduced a new immigration rule covering children born in the US to certain foreign government employees
• The interim final rule, published in the Federal Register on September 9, identifies four categories of foreign government workers whose children may qualify
• Children born on or after September 9 whose parents are not US citizens may voluntarily apply for lawful permanent residence under the new provision

The United States government has opened a pathway to lawful permanent residence for certain children born on American soil to foreign government employees, expanding a provision that previously covered only a narrow group of diplomatic families.

The Department of Homeland Security (DHS) and the US Citizenship and Immigration Services (USCIS) jointly introduced the change through an interim final rule published in the Federal Register on September 9.

The rule applies to eligible children born in the US on or after that date.

Who qualifies under the new rule

For a child to be eligible, at least one parent must have been a qualifying foreign government employee at the time of the child's birth, and neither parent may hold American citizenship.

According to the Federal Register, four categories of foreign government employees fall within the scope of the new provision.

These are 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 that enjoy immunity in the United States.

The rule builds on an earlier arrangement that allowed only children of foreign diplomatic officers to register for permanent residence. The updated regulation extends that eligibility to a broader set of government-linked workers serving in the country.

Why DHS introduced the change

DHS said the expanded provision was designed to create a clear immigration status route for children who do not automatically acquire American citizenship at birth.

Under existing US law, children born on American soil to certain categories of foreign officials are excluded from birthright citizenship, leaving them without a defined legal status unless a separate pathway exists.

The new rule allows eligible children to voluntarily register for a green card, giving them a formal immigration status rather than leaving their residency situation unresolved.

The provision does not apply retroactively and covers only those born from September 9 onwards.

Foreigners affected as US enforces tough green card rule

Legit.ng earlier reported that U.S. Citizenship and Immigration Services announced a policy memo on May 22, 2026 making clear that foreigners temporarily in the United States who wish to obtain a Green Card must do so through consular processing at a Department of State office outside the country.