DHS Issues Rule Allowing Certain Children of Foreign Government Employees to Register as LPRs

DHS has issued an interim final rule expanding eligibility for lawful permanent resident registration to certain children born in the United States to foreign government employees, not just foreign diplomatic officers. The rule implements Executive Order 14418 and takes effect September 4, 2026.

Key points

• The rule extends LPR registration eligibility, previously limited to children of foreign diplomatic officers, to children of foreign government employees.
• Eligibility applies when neither parent is a U.S. citizen and at least one parent is a foreign government employee at the time of birth.
• The rule replaces the term 'foreign diplomatic officer' with the broader term 'foreign government employee' and defines included and excluded categories.
• DHS is updating Form I-485 and its instructions, and Form G-325R, to reflect the new terminology and requirements.
• The rule is effective September 4, 2026, and applies only to children born on or after that date.
• Due to a preliminary injunction in Casa Inc. v. Trump, DHS will not implement the rule for members of the certified class until the injunction is resolved.

Who is affected

Children born in the United States on or after September 4, 2026, to a foreign government employee, and their families, are affected.

What to do