DHS Issues Correction Restoring Evidence Rules for Children of Foreign Government Employees

DHS has issued a correcting amendment to the September 9, 2026 interim final rule (IFR) that allows children born in the United States to foreign government employees, who are not U.S. citizens, to register for lawful permanent residence. The correction restores evidentiary requirements that were inadvertently deleted in the original IFR and is applied retroactively to September 4, 2026.

Key points

• The correction applies to children born in the U.S. to foreign government employees, not diplomatic officers, who are not U.S. citizens.
• Drafting errors in the September 9, 2026 IFR had removed subparagraphs of 8 CFR 264.2(c)(2) listing required evidence.
• This document restores that text, aligning the regulation with the already-updated Form I-485 and Form G-325R instructions.
• Children of foreign government employees who are not diplomatic officers may not need to file Form I-508 but must submit proof of their parent's government employment.
• DHS waived normal notice-and-comment and 30-day delay requirements, citing good cause since this is a technical, non-substantive correction.
• The correction took effect September 16, 2026, but applies retroactively as of September 4, 2026, the effective date of the original IFR.

Who is affected

Children born in the United States to non-citizen foreign government employees who are applying for lawful permanent residence under this registration process.

What to do