Confirmed: DHS changes green card rules for children of foreign government employees

The Department of Homeland Security has changed the process for certain children born in the United States to foreign government employees, allowing them to seek a green card even though they do not automatically acquire U.S. citizenship through their parents.

The rule, published on September 4, replaces the narrower reference to “diplomatic officers” with the broader category of “employees of foreign governments.” It covers certain embassy and consular workers, foreign government officials and employees of international organizations with recognized immunity in the United States.

The benefit applies to children born in the United States from September 4, 2026, provided the stated conditions are met. At the time of the child’s birth, at least one parent must work for a foreign government and must not be a U.S. citizen. The rule excludes personal assistants, drivers and domestic workers hired individually by officials. It also excludes certain employees of state-owned companies, third-country workers assigned to foreign embassies and contractors without an A or G visa.

Permanent residence does not arrive automatically. Parents can voluntarily register the child by filing Form I-485. If approved, the green card takes effect retroactively from the date of birth. The process also changes Forms I-485 and G-325R. The article lists I-485 filing fees of $1,440 on paper and $1,390 online, while G-325R has no fee.

Children born before September 4 remain subject to the rules that applied previously. Although the rule took effect on that date, a court order limits its application.