DHS Revises Permanent-Residence Rules for Certain U.S.-Born Children of Foreign Government Employees

The interim final rule broadens an existing regulatory framework while ongoing litigation affects its implementation.

By Luciane Tavares, Attorney at Law

The Department of Homeland Security has issued an interim final rule addressing the citizenship and immigration status of certain children born in the United States to foreign government employees.

The rule amends regulations that previously focused on children born to accredited foreign diplomatic officers. It replaces the term “foreign diplomatic officer” with the broader term “foreign government employee” and establishes a process through which eligible children may register as lawful permanent residents.

According to U.S. Citizenship and Immigration Services, the rule took effect on September 4, 2026, and applies to qualifying children born on or after that date. It is scheduled for formal publication in the Federal Register on September 9, 2026. Implementation is also subject to a preliminary injunction issued by a federal court on September 2.

Who may be covered by the rule?

The amended regulations may apply when:

A child is born in the United States on or after the rule’s effective date;
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.

Under the rule, a foreign government employee may include:

A foreign diplomatic officer accredited to the United States;
A national employed by that person’s country at its embassy or consulate;
A person employed by a foreign government in an official capacity; or
A person employed by an international organization possessing qualifying immunity.

The rule implements Executive Order 14418, issued on August 6, 2026.

Who is not included?

The rule also identifies categories that generally fall outside the definition. These include:

Personal employees or attendants hired by individual foreign officials;
Certain employees of state-owned enterprises who are not in A or G nonimmigrant status;
Third-country nationals working for a foreign government, embassy, or consulate;
Employees of international organizations that do not possess qualifying immunity;
Certain contractors of foreign missions, governments, or international organizations; and
Foreign government employees visiting the United States in a personal capacity.

Whether a parent qualifies may depend on several factors, including nationality, employer, immigration classification, official responsibilities, and the nature of the parent’s presence in the United States.

Lawful permanent-residence registration

A child covered by the amended regulations may voluntarily request the creation of a lawful permanent-residence record by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

The applicant must be physically present in the United States when the application is submitted and must establish that residence in the United States has not been abandoned. The rule refers to continuous residence rather than continuous physical presence.

If USCIS approves the application, the applicant’s permanent residence will be recorded as beginning on the date of birth. When the applicant is younger than 18, a parent or legal guardian must prepare and sign the application on the child’s behalf.

USCIS is revising Form I-485 and its instructions to reflect the expanded terminology and provide filing guidance for individuals born to foreign government employees.

Alien-registration requirements

Although permanent-residence registration under this regulation is voluntary, a person treated as a noncitizen may have separate registration obligations under the Immigration and Nationality Act.

DHS is therefore also revising Form G-325R, Biographic Information (Registration). This form may apply when an individual does not register as a lawful permanent resident through Form I-485 but remains subject to federal alien-registration requirements.

The appropriate filing process will depend on the individual’s circumstances, including whether the person possesses any applicable diplomatic rights, privileges, exemptions, or immunities.

Effect of the federal injunction

The rule’s implementation is affected by Casa Inc. v. Trump, No. 8:25-cv-00201, pending in the U.S. District Court for the District of Maryland.

On September 2, 2026, the court issued a preliminary injunction preventing federal agencies from enforcing Executive Order 14418 against members of a certified class or otherwise interfering with, denying, or failing to recognize their citizenship.

DHS acknowledges the injunction in the interim final rule. The agency states that it will not apply the rule to a member of the certified class, or otherwise act inconsistently with the injunction, unless the government obtains relief from the court.

The injunction does not prevent the government from issuing general implementation guidance. The scope and application of the rule may therefore continue to develop through further agency guidance and court proceedings. The court’s September 2 opinion provides additional information about the injunction and the certified class.

Considerations for potentially affected families

Families, foreign missions, consulates, and international organizations should review the rule carefully before making decisions concerning citizenship or immigration documentation.

Potentially relevant records may include evidence of:

Each parent’s citizenship;
The parent’s employer and official responsibilities;
Diplomatic accreditation or international-organization immunity;
The parent’s immigration classification and purpose for being in the United States; and
The child’s residence in the United States.

A visa classification or employment title may not, by itself, resolve whether the rule applies. Individual circumstances and subsequent agency or judicial developments may affect the analysis.

The rule and the related court proceedings should be monitored closely. Individuals potentially affected by these developments should consider obtaining advice based on their specific circumstances before submitting immigration documentation or making decisions concerning citizenship status.

This article reflects publicly available information as of September 8, 2026. It is intended for general informational purposes and does not constitute legal advice.