DHS Rule Expands Green Card Registration for U.S.-Born Children of Foreign Government Employees

The Department of Homeland Security expanded a green card registration route for certain U.S.-born children of foreign government employees, effective September 4, 2026. The change reaches children whose parents are both noncitizens and includes four categories of qualifying employees. A court injunction limits implementation for members of a certified class.

The U.S. Citizenship and Immigration Services says eligible children can apply voluntarily for permanent residence using Form I-485. The current accepted edition is 09/18/26; certified-class members face a separate court restriction on implementation.

The interim final rule appeared in the Federal Register on September 9, 2026. Before the expansion, the registration route covered children of foreign diplomatic officers.

Four employee categories now qualify for the expanded route

A child must have been born in the United States on or after September 4, 2026, have no U.S.-citizen parent, and have at least one parent in a qualifying job when the child was born. The rule identifies these categories:

• Foreign diplomatic officers accredited to the United States, including ambassadors.
• Nationals of a foreign country employed by that country’s embassy or consulate.
• People working for a foreign government in an official capacity.
• Employees of an international organization that holds international-organization immunity in the United States.

The rule provides a path to permanent residence. DHS says these children are treated as outside U.S. jurisdiction for birthright-citizenship purposes. Registration is voluntary, and applicants must provide required documents and receive approval. The rule also revises Form G-325R, Biographic Information (Registration).

Some foreign-government or diplomatic-mission workers fall outside the listed categories. The exclusions include personal staff hired by individual officials, such as personal assistants, chauffeurs and domestic workers. Third-country nationals working at an embassy or consulate are also excluded.

The rule also excludes employees of state-owned enterprises who lack A or G nonimmigrant visa classifications, contractors without those classifications, and employees of international organizations that have not been designated as immune by executive order. Foreign government employees acting in a personal rather than official capacity are not covered.

The birth-date threshold is September 4, 2026

The effective date also sets the birth-date cutoff: children born earlier remain subject to the regulations in force when they were born. The September 9 Federal Register publication date is later than the rule’s effective date.

The underlying directive was Executive Order 14418, “Continuing to Protect the Meaning and Value of American Citizenship,” signed by President Donald Trump on August 6, 2026. It directed DHS to establish procedures addressing the immigration status of certain U.S.-born children whose parents are foreign government employees and neither of whom is a U.S. citizen.

The injunction pauses implementation for certified-class members

The preliminary injunction in Casa Inc. v. Trump, No. 8:25-cv-00201 (D. Md. Sep. 2, 2026), limits DHS action for members of the certified class. It does not apply the same stated restriction to every applicant.

Families whose children may belong to the certified class should watch for court relief before expecting DHS to implement the rule for them.

Applicants need the current Form I-485 edition and filing address

USCIS published the 09/18/26 edition on September 18, 2026, as part of a separate revision tied to the public charge rule. The agency rejects the 01/20/25 and 09/04/26 editions if submitted on or after that date. For current requirements, see the agency’s Form I-485 page.

Mailing locations changed on October 7, 2026. USCIS accepted filings sent to prior addresses only when they were postmarked on or before November 9, 2026. Applicants mailing a filing now should use USCIS’s Direct Filing Addresses for Form I-485 page to find the correct location.

Eligible applicants may seek voluntary registration by filing Form I-485; permanent residence requires approval. USCIS also says applicants must submit Form I-693, Report of Immigration Medical Examination and Vaccination Record, with the application. Children who do not obtain permanent residence through this route may still have to meet U.S. alien-registration requirements.