POLICY MANUAL UPDATE: Registration of Lawful Permanent Residence for Children Born to Foreign Government Employees in the United States
Citizenship and Immigration Services
Notice Date: Sept. 9, 2026
Effective Date: Sept. 9, 2026
USCIS is issuing policy guidance to address the regulatory changes on the registration of children born to foreign government employees in the United States as lawful permanent residents.
Policy Highlights
• Explains that a child born in the United States to a foreign government employee is not a
U.S. citizen at birth unless one of the parents is a U.S. citizen.
• Provides guidance on key terminology and definition of “foreign government employee.”
• Provides that a child born in the United States to a foreign government employee may
register as a lawful permanent resident.
• Provides that children born in the United States who are not U.S. citizens are subject to INA
262 unless a statutory exception applies to the child or the child has the rights, privileges,
exemptions, and immunities which may be claimed by a foreign diplomatic officer. If INA
262 applies, a child born in the United States to a foreign government employee must be
registered as an alien if the child remains in the United States for 30 days or longer after
birth. If the child is under 14 years of age, the child’s parent must register the child on the
child’s behalf.