Diplomat Babies Get Green Card Fix After Bureaucratic Blunder
Published Date: 9/16/2026
Rule
Summary
This document corrects the interim final rule (IFR) that published in the Federal Register on September 9, 2026. The IFR amends its regulations to permit children born in the United States to "foreign government employees" who are not U.S. citizens to register for permanent residence. DHS also made corresponding changes to Form I- 485, Application to Register Permanent Residence or Adjust Status and Form G-325R, Biographic Information (Registration). This document will restore regulatory language that was unintentionally removed in the September 9, 2026 IFR, with certain conforming edits.
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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