New US Immigration Rule Allows Green Cards for Foreigners' Kids

The US Department of Homeland Security (DHS) and US Citizenship and Immigration Services (USCIS) published an interim final rule on September 9, 2026, which opened a formal route for children born to specific categories of foreign government employees to register as lawful permanent residents, commonly known as green card holders. This rule, effective from September 4, 2026, applies only to children born on or after that date.

Children born before this date will be treated under previous regulations. The rule defines eligible children as those born in the United States where neither parent is a US citizen, but at least one parent was a foreign government employee at the time of the child's birth.

The rule expands eligibility beyond just foreign diplomatic officers to include employees of foreign embassies, consulates, and international organizations with immunity. Exclusions apply to personal employees of foreign officials and certain other categories.

Eligible children may voluntarily register for lawful permanent residence using Form I-485.