Individuals born to foreign diplomats while in the United States must abide by the laws of the United States of America. This means that they are subject to the 14th Amendment of the U.S Constitution and are only considered a legal permanent resident. A green card can be obtained upon producing a birth record.
Take note that the State Department Diplomatic List will be reviewed to verify whether parent is registered as an accredited foreign diplomatic officer.
Other officers included in the list are:
- Counselors
- Charge d’ affaires
- Ambassadors
- Members of the Delegation of the Commission of the European Communities
- Secretaries and attaches of U.S. embassies
- Diplomatic Ministers
This given list does not exclude others with equal diplomatic status and privileges designated to the United Nations or to the Organization of American States (OAS) and other persons with similar diplomatic status.
Anyone interested can 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.
Who Qualifies?
In order to be eligible for a U.S. green card or legal permanent resident (LPR) status, a person must be able to meet certain stipulations as stated below:
- One must be born in the United States to a Foreign diplomatic officer
- One must have maintained legal permanent resident status in the U.S. since birth
- One has not forsaken legal residency in the U.S.
Going Through the Procedure of Applying
All persons applying for a Legal Permanent Residency must complete Form I-485, Application to Register for Register Permanent Residence or Adjust Status. Applicant must provide along supporting evidence.
Supporting Documentation
Important documents that must be submitted along with the Form I-485 are:
- A completed Application Form G-325, Biographic Information, (applicable if you are between 14 through 79 years of age)
- Two most recent passport sized photos
- Copy of Birth Certificate
- Copy of Passport and include nonimmigrant visa if available
- Copy of Passport page with entry stamp relevant
- Form I-94, Arrival/Departure documentation
- Track records of all arrivals and departures to and from U.S.
- Form I-508, Waiver of Rights, immunities, privileges, and exemptions
- For French nationals, Form I-508F
- Form I-566, InterAgency Record of Petition for A, G or NATO Dependent
- Genuine evidence that can confirm being born to an authorized foreign diplomat
- All pertinent fees
- Any records of a criminal history, these may also include arrests, indictments or convictions
A Required Medical Examination
A medical exam is required for all seeking legal permanent residency.
Lawful Permission to Travel and Work
If you have a pending I-485 Application you may not be able to receive lawful permission to travel and work. You can seek legal advice from expert immigration attorney.
The Gambacorta Law Office can advise you on what measures to take. Feel free to schedule an office appointment at 847-443-9303.