New DHS Rule: Children Born to Foreign Government Employees Can Register as Permanent Residents

The Department of Homeland Security (DHS) has issued an interim final rule that changes how the government treats certain children born in the United States to parents who work for a foreign government or an international organization. The rule, effective September 4, 2026, and published in the Federal Register on September 9, 2026, says such a child is not a U.S. citizen at birth when neither parent is a U.S. citizen and at least one parent is a "foreign government employee" when the child is born. In exchange, it lets those children voluntarily register as lawful permanent residents (green card holders) using Form I-485.

This is general information, not legal advice. Everything below comes from the rule itself, Federal Register document 2026-18345, and the USCIS alert announcing it (September 4, 2026). Whether it applies to a particular child is a legal question that depends on the facts.

What changed

For decades, children born in the United States to foreign diplomatic officers have not been treated as U.S. citizens. The rule traces this to the 14th Amendment's words "subject to the jurisdiction thereof," which the Supreme Court read to exclude "children of diplomatic representatives of a foreign state" in United States v. Wong Kim Ark (1898), and it also cites Trump v. Barbara (2026). Since 1982, regulations at 8 CFR 101.3, 101.4 and 264.2 have let those children register as permanent residents.

The new rule replaces the narrow term "foreign diplomatic officer" with the broader term "foreign government employee." DHS says it does this to be consistent with Executive Order 14418, Continuing to Protect the Meaning and Value of American Citizenship (August 6, 2026), which lists foreign government employees among the categories of U.S.-born children it says do not receive birthright citizenship. Because the category is now wider, more children born in the United States will not be citizens at birth, and the rule gives those children the same route to permanent residence that children of diplomats already had.

Who is a "foreign government employee"

Under the revised 8 CFR 101.3(a)(2), the term covers parents who are not U.S. citizens and are:

• Foreign diplomatic officers accredited to the United States, such as ambassadors, ministers, chargés d'affaires, counselors, secretaries and attachés, members of the Delegation of the Commission of the European Communities, and people with comparable diplomatic status accredited to the United Nations or the Organization of American States;
• Employees of a foreign embassy or consulate who are nationals of that foreign country;
• People employed by a foreign government in an official capacity; and
• Employees of an international organization that has international-organization immunity.

Unless the parent is a diplomatic officer, the term does not include:

• Personal employees or attendants of foreign officials who are not employed by the foreign government, such as personal assistants, chauffeurs or housecleaners;
• Employees of state-owned enterprises who are not in A or G nonimmigrant status;
• Third-country nationals working for a foreign government, including at an embassy or consulate;
• Employees of international organizations not designated by executive order under the International Organizations Immunities Act;
• Contractors of foreign missions, international organizations or governments who are not in A or G status; and
• Foreign government employees visiting in a personal rather than an official capacity.

The rule also removes the old reference to the State Department's Diplomatic List (the "Blue List"), which DHS says is no longer published. For diplomatic officers, USCIS will keep asking the State Department to confirm the parent's status at the time of the child's birth.

Which children it applies to

• Children born on or after September 4, 2026. The rule applies only going forward. Children born to foreign government employees before that date are treated under the regulations in force when they were born.
• Neither parent may be a U.S. citizen. If at least one parent is a U.S. citizen, the rule does not treat the child as outside U.S. jurisdiction.
• The key question is the parent's job at the moment of birth: whether a parent was a foreign government employee when the child was born.

An important limit: both the rule and the USCIS alert say that, because of the injunction in Casa Inc. v. Trump, No. 8:25-cv-00201 (D. Md. Sep. 2, 2026), DHS will not apply the rule to any member of the certified class, or otherwise act against the preliminary injunction, unless and until the government gets relief from it. If it does, DHS says it will implement the rule accordingly. Families should check the current status of that case before acting.

How registration works

Registering as a permanent resident is voluntary. Under the revised rules:

• The application is Form I-485, Application to Register Permanent Residence or Adjust Status, filed under the section for individuals born to a foreign government employee in the United States (USCIS is updating the form and instructions to use that wording).
• The applicant must be physically present in the United States when the application is filed.
• If the applicant is under 18, a parent or legal guardian prepares and signs Form I-485 for them.
• The applicant must show they have not abandoned their U.S. residence. The test is continuous residence, not continuous physical presence, and being admitted in a nonimmigrant status after temporary trips abroad does not by itself count as abandonment.
• If the application is granted, permanent residence is recorded as of the child's date of birth.
• The decision is made by the USCIS district director with jurisdiction over the applicant's place of residence.

What to file. A correction published September 16, 2026 (Federal Register document 2026-18949, applicable as of September 4, 2026) restored the evidence list the rule had accidentally removed from 8 CFR 264.2(c)(2). With Form I-485 and its fee, the applicant submits Form G-325A, the birth certificate, Form I-508 (Waiver of Rights, Privileges, Exemptions, and Immunities) if applicable, official confirmation of the parent's foreign government employment at the time of birth (occupational title and, if applicable, diplomatic classification), a list of all arrivals in and departures from the United States, proof of continuous residence, and two photographs. DHS says children whose parents were foreign government employees but not diplomatic officers may not be required to file Form I-508.

Fees. The rule's cost analysis lists the current Form I-485 filing fees as $1,440 on paper and $1,390 filed online, citing the USCIS fee schedule (Form G-1055, edition 5/29/2026). Biometrics may also be required. Fees change, so confirm the amount on uscis.gov before filing.

If the family does not register: Form G-325R

A child who is not a U.S. citizen is still subject to the alien registration requirement in INA 262 (8 U.S.C. 1302), unless the child has the privileges and immunities a foreign diplomatic officer can claim. Registering as a permanent resident is one way to meet that requirement. The other is Form G-325R, Biographic Information (Registration), which DHS is revising to cover U.S.-born children who are not citizens and do not register as permanent residents.

According to the rule:

• Form G-325R currently has no filing fee, though biometrics may be required.
• For a child under 14, a parent or legal guardian must make sure the child is registered, create a USCIS online account for the child and file Form G-325R on the child's behalf.
• A person must re-register and give fingerprints within 30 days after turning 14.

Our earlier article explains the alien registration requirement and Form G-325R in more detail.

Legal basis and how the rule was issued

DHS cites INA 103(a), INA 101(a)(20) and INA 262–266 (8 U.S.C. 1302–1306), plus section 102 of the Homeland Security Act. It issued the rule without prior notice and comment and without a delayed effective date, relying on the Administrative Procedure Act's foreign affairs exception and its good cause exception. DHS says it moved quickly because these children would otherwise lack a clear lawful status and because other countries could change how they treat the children of U.S. diplomats and officials abroad.

DHS says it cannot estimate how many children the rule will affect. It notes that the State Department reports more than 124,000 foreign mission members and dependents in the United States, but says that figure cannot be used to count affected births.

How to comment

Because this is an interim final rule, DHS is accepting public comments through October 5, 2026. Comments must be submitted through regulations.gov under DHS Docket No. USCIS-2026-0496. According to the rule, emailed, mailed or hand-delivered comments will not be considered, and comments are posted publicly, including any personal information you include.

What families should do now

• Check the dates. The rule applies only to children born on or after September 4, 2026, and only when neither parent is a U.S. citizen.
• Check the parent's role at the time of birth. Whether a parent fits one of the "foreign government employee" categories, or one of the exclusions, decides whether the rule applies.
• *Watch the Casa v. Trump injunction.* DHS says it will not apply the rule to members of the certified class while the injunction stands.
• Choose a registration path. A child covered by the rule may register as a permanent resident on Form I-485, or meet the alien registration requirement through Form G-325R.
• Get advice on your family's situation. How this rule fits with a parent's A or G status, travel and future immigration plans depends on the facts.

If you have questions about how this rule affects your child, contact our office or call (213) 769-0050.