Family & childrenPOLICY UPDATE
Registration of Lawful Permanent Residence for Children Born to Foreign Government Employees in the United States
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the regulatory changes on the registration of children born to foreign government employees in the United States as lawful permanent residents. Additionally, this update provides definitions for key terminology.
Effective date and application
This guidance, contained in Volumes 7 and 12 of the Policy Manual, is effective immediately
Key changes
- U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the regulatory changes on the registration of children born to foreign government employees in the United States as lawful permanent residents. Additionally, this update provides definitions for key terminology.
- E xplains 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.
