DHS has issued an interim final rule expanding the categories of children born in the United States who can register as lawful permanent residents. The rule broadens eligibility from children of foreign diplomatic officers alone to children of a wider class of foreign government employees, effective immediately for births occurring on or after September 4, 2026.
What changed
The interim final rule replaces the term “foreign diplomatic officer” with the broader term “foreign government employee.” Under the expanded definition, a “foreign government employee” now includes:
- Foreign diplomatic officers accredited to the United States
- Certain foreign embassy or consulate employees who are nationals of that foreign country
- Persons employed by a foreign government in an official capacity
- Persons employed by an international organization that possesses international-organization immunity
The rule specifies who is not included: personal employees or attendants of foreign officials, certain employees of state-owned enterprises, third-country nationals working for foreign governments, certain contractors, and foreign government employees visiting the United States in a personal capacity.
Children born to at least one parent who is a foreign government employee (and neither parent is a U.S. citizen) may now register as lawful permanent residents under this pathway.
DHS has also updated Form I-485, Application to Register Permanent Residence or Adjust Status, and Form G-325R, Biographic Information (Registration), to reflect these changes. The forms now reference “Individuals Born to a Foreign Government Employee in the United States” rather than the prior diplomatic-status language.
Why it matters
This rule creates a new avenue to permanent residence for a child population that previously had no clear path if one parent held foreign government employment. Practitioners should note:
- Eligibility shift: Clients with children born in the U.S. to parents in foreign government service may now have registration options they did not have under the prior rule.
- Form updates: Any I-485 filing for a child in this category must use the updated form edition to avoid rejection or delays.
- Effective date applies prospectively: The rule applies only to children born on or after September 4, 2026. Children born before that date remain subject to the old rule.
- Injunction caveat: The rule notes that a preliminary injunction in Casa Inc. v. Trump, No. 8:25-cv-00201 (D. Md Sept. 2, 2026), currently prevents DHS from implementing the rule as to members of a certified class. Practitioners should verify the current status of that litigation before advising a client.
Way forward
- Review your client roster: If you represent families with children born in the U.S. to foreign government employees, identify those who may benefit from the expanded rule and who were ineligible under the old definition.
- Obtain updated forms: Download the current editions of Form I-485 and Form G-325R from the USCIS website and use them for any new filings.
- Check the injunction status: Before filing, confirm that the Casa Inc. injunction has been lifted or that your client’s circumstances fall outside the certified class.
- Document parental employment: Gather evidence of the foreign government employment relationship at the time of the child’s birth—employment letter, official government records, or similar documentation—to support the registration application.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Fola Form is a software company, not a law firm. Immigration law is complex and fact-specific; consult a licensed immigration attorney in your jurisdiction to determine your eligibility and the best filing strategy for your situation. Verify all information against the primary source and the interim final rule linked above. Policy and litigation status can change without notice.