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Green Card Update: DHS Details Requirements for New Applicant Category

Green Card Update: DHS Details Requirements for New Applicant Category

Summary

The Department of Homeland Security (DHS) clarified rules about green card applications for children born in the U.S. to foreign government employees. These children do not automatically become U.S. citizens but can apply for permanent residency with specific documents.

Key Facts

  • Children born in the U.S. to foreign government employees generally do not receive birthright U.S. citizenship.
  • The new DHS policy explains which documents applicants need to apply for a green card.
  • Eligible applicants include children of diplomats, embassy workers, foreign government employees, and international organization staff with immunity.
  • Required documents include Form I-485 (application for green card), birth certificate, proof of continuous U.S. residence, travel records, and confirmation of the parent's foreign government employment.
  • Some applicants may need to submit Form I-508, a waiver related to diplomatic privileges.
  • The rule does not create a new immigration benefit but clarifies existing processes.
  • DHS removed some details accidentally in the first rule announcement and corrected them in this update.
  • The number of people affected by this rule is currently unknown.
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