The new provision, introduced by the Department of Homeland Security (DHS) and the US Citizenship and Immigration Services (USCIS), expands eligibility beyond children of foreign diplomatic officers to include other categories of foreign government employees.
The interim final rule, published in the Federal Register on 9 September and seen by PUNCH Online on Friday, applies to eligible children born in the United States on or after that date.
Under the regulation, children born in the US to parents who are not American citizens may voluntarily register for permanent residence, provided at least one parent was a qualifying foreign government employee at the time of their birth.
According to the Federal Register, the provision covers four categories of foreign government employees.
They include foreign diplomatic officers accredited to the United States; employees of foreign embassies and consulates who are nationals of the countries they represent; individuals employed by foreign governments in an official capacity; and employees of international organisations that enjoy immunity in the US.
The Federal Register stated that the regulation expanded an existing arrangement that previously allowed children of foreign diplomatic officers to register for lawful permanent residence.
The DHS said the expanded provision was designed to provide an immigration status pathway for eligible children who do not acquire American citizenship at birth.
However, the new arrangement does not automatically confer US citizenship or permanent residence on eligible children. Applicants must complete the registration process and obtain approval from the relevant immigration authorities.
How eligible children can apply
Under the new rule, eligible children can apply for lawful permanent residence by submitting Form I-485, officially known as the Application to Register Permanent Residence or Adjust Status, to the US Citizenship and Immigration Services.
The registration process is voluntary. However, children who do not obtain permanent residence under the provision may still be required to comply with applicable US alien registration requirements.
