The United States has introduced a new immigration route allowing certain children born on American soil to foreign government employees to apply for lawful permanent residence, commonly known as a green card.
The new arrangement, introduced by the Department of Homeland Security (DHS) and the US Citizenship and Immigration Services (USCIS), extends eligibility beyond children of foreign diplomatic officers to other categories of foreign government employees.
The interim final rule, published in the Federal Register on September 9 and seen by PUNCH Online on Friday, applies to eligible children born in the United States on or after that date.
Under the new regulation, children born in the US whose parents are not American citizens may voluntarily register for permanent residence if at least one parent was a qualifying foreign government employee at the time of their birth.
According to the Federal Register, four categories of foreign government employees are covered by the new provision.
“They include 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 regulation expands an existing arrangement that previously allowed children of foreign diplomatic officers to register for lawful permanent residence,” the Federal register added.
DHS explained that the expanded provision was introduced to provide an immigration status pathway for eligible children who do not acquire American citizenship at birth.
However, the new arrangement does not automatically grant eligible children US citizenship or permanent residence. Applications must be submitted and approved by the relevant immigration authorities.
How eligible children can apply
Under the new rule, eligible children can apply for lawful permanent residence by submitting Form I-485, officially known as the Application to Register Permanent Residence or Adjust Status, to USCIS.
The registration process is voluntary, although children who do not obtain permanent residence under the provision may still be required to comply with applicable US alien registration requirements.
