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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:
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.
For more information, 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.
You may be eligible to receive a green card (permanent residence) through creation of record if you meet all of the following conditions:
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.
Supporting Evidence for Form I-485
Work & Travel Authorization
Last Reviewed/Updated: 03/23/2011