US Creates Green Card Route for Children of Foreign Government Employees Born in America

• The US Department of Homeland Security and USCIS published an interim final rule on September 9, 2026, opening a new permanent residence pathway
• Children born in America on or after September 9, 2026, to parents in four specific foreign government employee categories may now qualify
• The rule follows an executive order signed by President Donald Trump and does not automatically grant permanent residence or US citizenship

The United States has introduced a new pathway to permanent residence for certain children born on American soil to foreign government employees.

This follows an interim final rule jointly published by the Department of Homeland Security (DHS) and US Citizenship and Immigration Services (USCIS) on September 9, 2026.

The regulation builds on an existing provision that previously applied only to children of foreign diplomatic officers, extending eligibility to a wider set of foreign government employee categories.

To be eligible, a child must have been born in the US on or after September 9, 2026, with neither parent holding American citizenship and at least one parent falling within one of four recognised categories at the time of birth.

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Those categories are foreign diplomatic officers accredited to the United States; employees of foreign embassies and consulates who are nationals of the countries they represent; individuals employed by foreign governments in an official capacity; and employees of international organisations that enjoy immunity in the United States.

The rule carries notable exclusions. Personal staff hired by individual foreign officials, including domestic workers, chauffeurs, and personal assistants, are not covered. Third-country nationals working at diplomatic missions, contractors who do not meet the qualifying criteria, and certain employees of state-owned enterprises are also excluded. Children born before September 4, 2026, remain subject to the immigration rules that were in force at the time of their birth.

How to apply for US green card

Permanent residence is not granted automatically under the new provision. Eligible children must voluntarily apply by submitting Form I-485, the Application to Register Permanent Residence or Adjust Status, to USCIS. The rule also amends Form G-325R, Biographic Information (Registration), to accommodate the expanded categories.

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Children who do not secure permanent residence under this provision may still be required to comply with US alien registration requirements. Critically, the rule does not confer US citizenship. DHS stated that the expanded provision was designed to offer an immigration status pathway for eligible children who do not acquire American citizenship at birth.

The policy stems from Executive Order 14418, signed by President Donald Trump on August 6, 2026, which directed DHS to establish procedures for addressing the immigration status of US-born children of foreign government employees where neither parent holds American citizenship. However, implementation of the broader policy remains subject to a court injunction in *Casa Inc. v. Trump*, and DHS has confirmed it will not apply the rule against members of the certified class covered by that injunction unless the court grants relief.

Source: YEN.com.gh