Green Card or citizenship? DHS clarifies what happens to US-born children of foreign government employees

The US Department of Homeland Security (DHS) has clarified documentation requirements for US-born children of foreign government employees. Previously, an interim final rule issued in September expanded federal regulations to include certain foreign government employees. However, some evidential language was inadvertently removed during the initial codification, leading to a correction being issued.

The revised rules affect children born in the US on or after September 4, 2026, to foreign government employees who are not US citizens. These children would not automatically be considered US citizens at birth, unlike previous regulations. The new rule creates a pathway for eligible children to voluntarily register as lawful permanent residents, though registration is not mandatory.

To establish eligibility, applicants must provide evidence of the child's birth in the US and proof that a parent was employed by a foreign government at the time of birth. Some applicants may not need to file Form I-508, which waives certain rights and privileges associated with diplomatic status. Instead, evidence of the parent's foreign government employment may suffice.

The change in rules specifically applies to foreign government employees, not diplomatic officers. This distinction is crucial for families affected by the rule, as Green Cards grant lawful permanent resident status, but do not confer US citizenship. The Trump administration has taken steps to narrow circumstances under which people born in the US automatically acquire citizenship, with the latest DHS rule addressing a specific group of children.

The interim final rule is currently in effect, and DHS accepts public comments. Families should determine if a parent qualifies as a foreign government employee and gather the necessary evidence to establish status.