USCIS now permits certain children born in the United States on or after September 4, 2026, to foreign government employees to register for lawful permanent residence using Form I-485.
The interim final rule amends regulations at 8 CFR 101.3, 101.4, and 264.2. It replaces the prior term “foreign diplomatic officer” with the broader category “foreign government employee.” This definition covers accredited diplomats, certain embassy or consulate staff who are nationals of that country, persons employed by a foreign government in an official capacity, and persons employed by qualifying international organizations that enjoy immunity.
The change is consistent with Executive Order 14418 and applies only when neither parent is a U.S. citizen. Eligible children must have maintained continuous residence in the United States since birth and meet all other Form I-485 requirements. DHS is updating Form I-485 and Form G-325R to include new terminology for these applicants.
Implementation remains subject to the preliminary injunction issued in Casa Inc. v. Trump, No. 8:25-cv-00201 (D. Md. Sept. 2, 2026). USCIS will not apply the rule to members of the certified class unless the injunction is lifted. Parents or legal representatives should monitor official USCIS announcements for any updates on filing procedures.