DHS expands green-card registration path for some U.S.-born children of foreign government employees

The Department of Homeland Security has expanded a path for certain U.S.-born children of foreign government employees to register for lawful permanent residence, a regulatory change that took effect Sept. 4, 2026. The interim final rule replaces narrower language that had referred only to children born under diplomatic status and extends the category to a broader set of foreign government employees, though the change applies prospectively and does not cover every foreign government-linked worker. The rule matters because it can determine whether some children born in the United States are eligible to file for permanent residence rather than being treated under the prior, more limited terminology. DHS said the change applies only when neither parent is a U.S. citizen and at least one parent qualifies as a foreign government employee at the time of the child’s birth. The rule was published as an interim final rule by U.S. Citizenship and Immigration Services, part of DHS, under docket USCIS-2026-0496. DHS said the regulatory update is meant to implement Executive Order 14418 and to align its immigration forms and instructions with the broader parent category. Previously, the relevant regulation used the term “foreign diplomatic officer” in this context. Under the new rule, DHS uses “foreign government employee,” a phrase the department said reaches beyond accredited diplomats and includes some embassy and consulate employees, people employed in an official capacity by a foreign government, and certain employees covered by international-organization immunity. DHS said the rule is limited, however, by several exclusions. Personal employees or attendants of foreign officials do not qualify, and the definition also excludes certain employees of state-owned enterprises, some third-country nationals working for foreign governments, certain contractors, and foreign government employees visiting the United States in a personal, rather than official, capacity. Because the eligibility turns on the parent’s status at birth, the exact job title, nationality, official capacity and reason for being in the United States can all affect whether a child is covered. The rule does not create a general registration option for every child connected to a foreign government institution. The filing side of the change runs through two USCIS forms. DHS said it is revising Form I-485, Application to Register Permanent Residence or Adjust Status, to replace the phrase “Individuals Born in the United States Under Diplomatic Status” with “Individuals Born to a Foreign Government Employee in the United States,” and it is also revising Form G-325R, Biographic Information (Registration), to reflect the updated registration framework. USCIS said Form G-325R remains the registration form used for alien registration under section 262 of the Immigration and Nationality Act. The agency’s existing guidance says parents or legal guardians may file for children under 14 who need to register. According to the rule text, the new eligibility applies only to children born in the United States on or after the effective date. Children born before Sept. 4, 2026, are not subject to the new provisions and are to be treated under the rules in place at the time of their birth. A separate court order limits how quickly the government can enforce the change. DHS said it will not take action against members of the certified class covered by the injunction in Casa Inc. v. Trump, No. 8:25-cv-00201, unless it obtains relief from the court. U.S. District Judge Deborah L. Boardman issued the preliminary injunction in the District of Maryland on Sept. 2, 2026. In the order, the court said defendants and those working with them were preliminarily enjoined from enforcing or applying the 2026 executive order against any member of the certified class, and Boardman wrote that the executive order was “almost certainly unconstitutional” as applied to that class. DHS said the injunction remains in effect unless and until the government obtains relief, at which point the department said it would implement the rule accordingly. For families considering whether a child may qualify, the controlling factors are the child’s date of birth, the parents’ immigration and government-employment status, and whether the child falls within the court-protected class. The interim final rule was scheduled for publication in the Federal Register on Sept. 9, 2026, after a public-inspection release dated Sept. 4, 2026. DHS invited comments on the rule as part of the rulemaking process.

What the regulation changes and who it excludes

DHS’s definition of “foreign government employee” is broader than the earlier diplomatic-officer language but still narrowly drawn. The rule expressly covers certain diplomatic officers accredited to the United States, some embassy and consulate personnel who are nationals of the country they represent, and people employed by a foreign government in an official capacity. It also includes some employees of international organizations with immunity under international-organizations rules. At the same time, DHS drew lines around the category to avoid sweeping in every person with a foreign-government connection. The exclusions matter because they may determine whether a child is eligible to file at all. Among those excluded are personal employees and attendants, certain contractors, and some workers for state-owned enterprises or foreign missions who do not fit the specified classifications. DHS also said that a person born in the United States to a foreign government employee who is not a U.S. citizen is subject to alien-registration requirements under section 262 of the INA. The rule says registration as a lawful permanent resident is voluntary under the new framework, but the separate registration obligation remains relevant for some children who do not acquire U.S. citizenship at birth and do not register permanent residence under the amended regulations. The agency said it is updating the forms to match that structure. Form I-485 will reflect the broader category of eligible children, while Form G-325R is being revised to address children who remain subject to alien-registration rules. For immigration lawyers and affected families, the practical effect is that the parent’s status at the time of birth now matters under a broader but still bounded definition. The rule creates a pathway, but not a blanket benefit, and the pending injunction means implementation may still differ for members of the certified class in Maryland. Whether DHS can fully apply the rule in the near term now depends on the court proceedings in Casa Inc. v. Trump and any relief the government seeks from the injunction. Until then, the regulation’s prospective reach and the court’s order will continue to shape how USCIS handles filings under the new framework.