Chapter 3 - Children Born in the United States to Accredited Diplomats
The child of a foreign diplomatic officer accredited by the U.S. Department of State who is born in the United States may voluntarily register for lawful permanent residence. 
Foreign diplomats enjoy certain immunities under international law. The spouse and child of a diplomat generally enjoy similar immunities. Children born in the United States to accredited foreign diplomatic officers do not acquire citizenship under the 14th Amendment since they are not “born . . . subject to the jurisdiction of the United States.”  DHS regulations, however, have long allowed these children to choose to be considered lawful permanent residents (LPRs) from the time of birth. 
Registration as a permanent resident under this provision is entirely voluntary, but it does involve an application process.
This registration process is necessary and available only if both parents were foreign diplomats when the child was born. If one parent was an accredited diplomat, but the other was a U.S. citizen or non-citizen U.S. national, then the child was “born . . . subject to the jurisdiction of the United States,” and is a citizen.
8 CFR 101.3 – Creation of record of lawful permanent resident status for person born under diplomatic status in the United States
8 CFR 264.2 – Application for creation of record of permanent residence
To register permanent residence as a child born in the United States to a foreign diplomatic officer accredited by the Department of State, the applicant must meet the following eligibility requirements:
Eligibility Requirements: Children Born in the United States to Accredited Diplomats
The applicant voluntarily seeks to register permanent residence.
The applicant was born in the United States.
The applicant maintained continuous residence in the United States since birth.
The applicant is physically present in the United States at the time he or she files the application.
The applicant had a parent who was listed on the Department of State’s Diplomatic List, also known as the Blue List, at the time of the applicant’s birth.
The applicant lost or waived his or her diplomatic immunity.
This is automatically established by the applicant applying to register permanent resident status in the United States.
The applicant must establish birth in the United States.
3. Continuous Residence in the United States 
Generally, absences that would not affect the status of any other LPR do not break the continuous residence of an applicant under this program. Some additional guidelines are applicable to this particular type of case:
Temporary or extended absences from the United States do not break continuous residence if the diplomatic parent remained accredited to the United States during the applicant’s absence. For example, many children of diplomats attend school in their parents’ home country while the parents are on diplomatic assignment. An absence for this purpose, even if it extended for a year or longer, would not be considered a break in the applicant’s continuous residence.
Readmission to the United States as an A or G nonimmigrant  at the end of an absence does not break an applicant’s continuous residence.
Departure of the applicant’s diplomatic parent does not break the applicant’s residence if the applicant remains in the United States. However, if the applicant permanently departs with his or her diplomat parent, continuous residence is broken. 
Diplomats accredited to the United States and having full diplomatic immunity are listed on the Department of State’s Diplomatic List (Blue List).  If either parent was listed on the Blue List when the applicant was born, the applicant is eligible to apply for this benefit. Both parents do not have to be listed for the applicant to be eligible. 
Not all diplomats or employees of certain designated international organizations admitted to the United States as an A or G nonimmigrant have full diplomatic immunity and appear on the Blue List. For example, the immunities that apply to a foreign consular officer are not the same as those that apply to diplomats. In order to determine eligibility to register for permanent residence based on being born in the United States in diplomatic status, the applicant must submit official confirmation of the diplomatic classification and occupational title of his or her parent at the time of birth.
USCIS confirms with the Department of State whether the applicant’s parent(s) was on the Blue List at the time of the child’s birth. If an applicant did not have a parent on the Blue List at the time of his or her birth in the United States, then the applicant is a U.S. citizen because the applicant did not have full diplomatic immunity and was therefore subject to U.S. jurisdiction at the time of birth.
Because an LPR cannot be immune to the laws of the United States, applicants who retain diplomatic immunity at the time they apply to register permanent residence must submit with their application a completed and signed Request for Waiver of Certain Rights, Privileges, Exemptions, and Immunities (Form I-508). French nationals who are receiving a salary from the Republic of France must submit the Form I-508F in addition to Form I-508.
However, if, at the time an applicant applies to register lawful permanent residence, the applicant has lost diplomatic immunity, then the applicant does not need to submit Form I-508 (or Form I-508F, if applicable) with the application.
An applicant should submit the following to establish eligibility for lawful permanent residence as a person born in the United States to an accredited foreign diplomatic officer:
Application to Register Permanent Residence or Adjust Status (Form I-485), with the correct fee;
Two passport-style photographs;
Copy of government-issued identity document with photograph;
Copy of birth certificate;
A list of all the applicant’s arrivals into and departures from the United States;
Proof of continuous residence in the United States; and
Official confirmation of the diplomatic classification and occupational title of the applicant’s parent(s) at the time of the applicant’s birth.
A decision on registration of those born in the United States in diplomatic status does not involve any consideration of admissibility or discretion. If the applicant meets all eligibility requirements,  an officer must approve the application. USCIS may require the applicant to appear in person for an interview, if needed. 
If approved, USCIS assigns the following code of admission:
Code of Admission
Born Under Diplomatic Status in the United States
The effective date of permanent residence is the applicant’s date of birth. 
6. [^] See Nikoi v. Attorney General of the United States, 939 F.2d 1065 (D.C. Cir. 1991).
8. [^] However, this registration process is necessary and available only if both parents were foreign diplomats when the child was born. If one parent was an accredited diplomat, but the other was a U.S. citizen or non-citizen U.S. national, then the child was born subject to U.S. jurisdiction and is a citizen.
10. [^] If it appears that the applicant is subject to removal, approval of registration does not bar issuance of a notice to appear.
No appendices available at this time.
Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy ManualMay 21, 2020
U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk between the AFM and the Policy Manual.
Technical Update - Replacing the Term “Foreign National”October 08, 2019
This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].
POLICY ALERT - Use of Form G-325AOctober 25, 2018
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to remove references to Biographic Information (Form G-325A).
POLICY ALERT - Registration of Lawful Permanent Resident StatusDecember 21, 2016
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance addressing registration of lawful permanent resident (LPR) status.