Oops! Feds Fix Missing Words for Foreign Diplomats' U.S.-Born Kids
Published Date: 9/16/2026
Rule
Summary
This update fixes a mistake in a recent rule that lets kids born in the U.S. to foreign government employees apply for permanent residence. It restores some important language that was accidentally left out and updates related forms. The correction is effective September 16, 2026, but applies retroactively to September 4, 2026, with no new fees involved.
Analyzed Economic Effects
3 provisions identified: 3 benefits, 0 costs, 0 mixed.
Children of Foreign Government Employees Eligible
If you were born in the United States to a foreign government employee who is not a U.S. citizen, DHS permits you to register for lawful permanent residence under corrected 8 CFR 264.2(c)(2). This correction is effective September 16, 2026 and applies as of September 4, 2026.
Form I-508 Requirement Clarified
The correction clarifies that children whose parents were foreign government employees but not foreign diplomatic officers may not be required to file Form I-508, Waiver of Rights, Privileges, Exemptions, and Immunities. These clarifications are effective September 16, 2026 and apply as of September 4, 2026.
Required Evidence List Restored
The correction restores the list of documents applicants must submit under 8 CFR 264.2(c)(2) when seeking registration as a person born in the U.S. to a foreign government employee: a completed Form I-485 with required fee, Form G-325A, birth certificate, (I-508 if applicable), official confirmation of the parent's foreign government employment (including occupational title and, if applicable, diplomatic classification at time of birth), a list of arrivals/departures, proof of continuous U.S. residence, and two photographs (which may be waived for just cause). The correction is effective September 16, 2026 and applies as of September 4, 2026.
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