DHS Expands Green Card Eligibility for Children of Foreign

The Department of Homeland Security has issued a rule allowing certain children born in the United States to foreign government employees to register as lawful permanent residents. The interim final rule, announced today, extends eligibility beyond the previous category of children born to foreign diplomatic officers.

This change aligns with President Trump's Executive Order 14418. It applies to children born on or after September 4, 2026, when neither parent is a U.S. Citizen and at least one parent is a foreign government employee at the time of birth.

Broadening the Eligible Class

The rule replaces the term "foreign diplomatic officer" with the broader term "foreign government employee." This new definition encompasses several groups. It includes foreign diplomatic officers accredited to the United States and certain foreign embassy or consulate employees who are nationals of that country. It also covers persons employed by a foreign government in an official capacity and persons employed by an international organization with international-organization immunity.

The regulation explicitly clarifies which categories are not included. Excluded groups are 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.

Updates to Immigration Forms

To implement this policy, DHS is updating key immigration forms. Form I-485, the Application to Register Permanent Residence or Adjust Status, and its instructions will be revised. References to "Individuals Born in the United States Under Diplomatic Status" will be changed to "Individuals Born to a Foreign Government Employee in the United States."

Form G-325R, Biographic Information (Registration), is also being updated. This change accounts for children born in the United States who do not acquire U.S. Citizenship at birth, choose not to register for permanent residence under the new rule, and are subject to alien registration requirements under the Immigration and Nationality Act.

Legal Injunction and Implementation

The rule's implementation faces a legal hurdle. A preliminary injunction is currently in place in the case Casa Inc. V. Trump, No. 8:25-cv-00201 (D. Md Sep. 2, 2026). Because of this injunction, DHS states it will not take actions to implement the rule for any member of the certified class in that lawsuit. The agency will also avoid any action that conflicts with the court order.

DHS will only implement the rule for those affected by the injunction if the government obtains relief from it. If timely relief is granted, the department will proceed with implementation accordingly. The interim final rule is scheduled to take effect on September 4, 2026.