DHS Restores Evidence Rules for Green Cards for U.S.-Born Children of Foreign Government Employees

The Department of Homeland Security (DHS) has issued a correction to an interim final rule clarifying which documents are required for children born in the United States to foreign government employees who do not acquire U.S. citizenship at birth. The correction restores language that was inadvertently deleted from the initial codification in early September and does not create a new immigration benefit.

What the Correction Says

DHS emphasized that the rule simply clarifies how eligible children may apply for lawful permanent residence. The department restored a list of acceptable evidence and explained when specific documents—such as USCIS Form I-508 (Request for Waiver of Certain Rights, Privileges, Exemptions, and Immunities)—are required or may be unnecessary depending on the parent's status.

Who Is Covered

The revised regulation applies to U.S.-born children (born after Sept. 4) whose parents fall into one of several groups, including:

• Accredited foreign diplomatic officers;
• Nationals employed by foreign embassies or consulates;
• Individuals employed by a foreign government in an official capacity; and
• Employees of international organizations who enjoy official immunities.

Required Documents

DHS said applicants in these groups will generally need to submit:

• Form I-485 (Application to Register Permanent Residence or Adjust Status);
• An official birth certificate;
• Evidence of continuous residence in the United States;
• Travel records; and
• Official confirmation of the parent's foreign government employment or other proof if diplomatic classification does not apply.

The correction clarifies that Form I-508 (a waiver related to diplomatic privileges) is required only for certain subcategories—so not every applicant will need to file it.

"The interim final rule clarifies that children born in the United States to foreign government employees do not receive U.S. citizenship at birth unless at least one parent is a U.S. citizen," USCIS spokesman Zach Kahler told Newsweek.

Context And Legal Stakes

For decades, children born to accredited foreign diplomats have generally been treated as not acquiring U.S. citizenship at birth because diplomats are not fully subject to U.S. jurisdiction. The recent rule expands the group DHS says should be treated similarly and sets out a path to permanent residence for those children.

Adam Klein, a former senior DHS official, noted the change "expands the group of U.S.-born children the administration says do not acquire citizenship and make permanent residence available to that broader group instead." He said families will weigh costs, duration of stay, and whether a green card (lawful permanent residence) is preferable to citizenship.

The change is already in effect while DHS accepts public feedback and applies to children born after Sept. 4. Observers expect the policy may prompt legal challenges, since the rule substitutes permanent resident status for citizenship in some cases and raises constitutional questions about whether such a change can be made without congressional action.

Practical Takeaway

The correction is largely technical but important: it tells applicants exactly what evidence to submit and under which circumstances certain forms are required. DHS has said it lacks sufficient data to estimate how many people are affected, and not every eligible family will necessarily apply.

Contact: Newsweek editors John Fitzpatrick and Sam Wilson.