Green Card for a person born in the United States to a foreign diplomat
A person born in the United States to a foreign diplomatic officer accredited to the United States is not subject to the jurisdiction of United States law. Therefore, that person cannot be considered a U.S. citizen at birth under the 14th Amendment to the United States Constitution. This person may, however, be considered a permanent resident at birth and able to receive a green card through creation of record.
To determine whether your parent is a foreign diplomatic officer, your parent’s accredited title must be listed in the State Department Diplomatic List, also known as the Blue List. This list includes: Ambassadors, Ministers, Charges d’affaires, Counselors, Secretaries and attaches of embassies and legations, and Members of the Delegation of the Commission of the European Communities. It also includes those with comparable diplomatic status and immunities assigned to the United Nations or to the Organization of American States and other persons who have comparable diplomatic status.
You may be eligible to receive a green card (permanent residence) through creation of record if you meet all of the following conditions:
- You were born in the United States to a foreign diplomat
- You have had residence in this country continuously since birth
- You have not abandoned your residence in the United States
To obtain a green card, you need to file Form I-485, Application to Register Permanent Residence or Adjust Status.
Note: The provisions of permanent residency will not apply to you until you relinquish (give up) your rights, privileges, exemptions, or immunities which are available to you as the child of a foreign diplomatic officer. Your registration for this provision is entirely voluntary.
You are not entitled to apply for employment authorization or travel documents (granting advance permission to leave the United States and be readmitted) based on your pending I-485 application. However, you may be eligible to work and travel based on your nonimmigrant status in the United States.
For more information, please refer to Section 101(a)(20), 103, 262, 264 of the Immigration and Nationality Act (INA) and 8 CFR 101.3, 101.4 and 264.2.