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 the documentation requirements for US-born children of foreign government employees who may qualify for permanent residence instead of automatic citizenship at birth. This clarification follows an interim final rule issued in September, which expanded federal regulations to include children born in the US to certain foreign government employees.

The correction restores evidence requirements that were inadvertently omitted from the initial rule, which came into effect on September 4, 2026. According to the revised rules, a child born in the US to a foreign government employee who is not a US citizen is not considered a US citizen at birth unless at least one parent is a US citizen.

The broader category includes foreign diplomatic officers, employees of foreign governments working in an official capacity, and certain employees of international organizations with immunity. The rule provides eligible children with a route to voluntarily register as lawful permanent residents, although registration is not mandatory.

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