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DHS Rule Allows LPR Registration for Certain US-Born Children

DHS and USCIS published an interim final rule on September 9, 2026, permitting eligible children born in the United States to foreign government employees who are not U.S. citizens to register for lawful permanent resident status.

Eligible children born in the United States on or after September 4, 2026, to foreign government employees who are not U.S. citizens may now register for lawful permanent resident status under a new interim final rule.

The Department of Homeland Security and U.S. Citizenship and Immigration Services published the rule on September 9, 2026, in the Federal Register. It amends 8 CFR Parts 101 and 264 and updates Form I-485, Application to Register Permanent Residence or Adjust Status, along with Form G-325R, Biographic Information (Registration). Lawful permanent resident status, often called a green card, allows a person to live and work permanently in the United States.

The rule implements Executive Order 14418 and applies only to children born on or after the September 4, 2026 effective date. Children born earlier remain subject to prior regulations. A 30-day public comment period ends October 5, 2026.

Parents seeking to register a qualifying child should review the updated forms and filing instructions on the USCIS website. Submitting complete applications with required biographic information helps avoid processing delays. Individuals with questions about eligibility under these policy changes should consult an immigration attorney for guidance specific to their situation.

What This Means for You:

  • Key Point: An interim final rule effective September 4, 2026, lets eligible U.S.-born children of non-citizen foreign government employees register lawful permanent resident status.
  • Who Should Be Concerned: Parents of children born on or after September 4, 2026, to foreign government employees who are not U.S. citizens and who meet the rule's definition.
  • Timeline for Action: The rule is already in effect for qualifying births; public comments are due by October 5, 2026.
  • Next Steps: Review the updated Form I-485 and Form G-325R instructions, prepare required documentation, and file with USCIS if eligible.
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