The Department of Homeland Security (DHS) issued an interim final rule amending its regulations allowing noncitizen children of foreign government employees born in the United States to register as lawful permanent residents. This rule amends existing regulations in line with the recent Executive Order 14418. Basically, the interim final rule widens the scope of the policy.

Details of the Proposal

The interim rule replaces the term “foreign diplomatic officer” with broader term “foreign government employee.” The proposal includes:

• Foreign diplomatic officers accredited to the United States.
• Certain foreign embassy or consulate employees who are nationals of that foreign country.
• Employees of a foreign government in an official capacity.
• Employees of an international organization that possesses international-organization immunity.

Impact

This rule clarifies categories not officially in the list. Such as 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.

Additionally, DHS is updating Form I-485, Application to Register Permanent Residence or Adjust Status and any related instructions as needed. The interim final rule went into effect on September 4, 2026. It applies to any children born on the effective date or afterwards.

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