What DHS Published
The Department of Homeland Security, through USCIS, published in the Federal Register on September 9, 2026 an interim final rule that now allows children born in the United States to "foreign government employees" who are not U.S. citizens to register for permanent residence.
In the agency's own words: "Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) is amending its regulations to permit children born in the United States to 'foreign government employees' who are not U.S. citizens to register for permanent residence. DHS is also making corresponding changes to Form I-485, Application to Register Permanent Residence or Adjust Status and Form G-325R, Biographic Information (Registration)."
The Dates That Matter
September 4, 2026 — the date the rule took effect. The document states, literally: "This interim final rule (IFR) is effective on September 4, 2026."
Children born on or after September 4, 2026 — are the ones covered by the new rule. For those born before that date, the document states: "children born to a foreign government employees prior to that date will be treated consistently with the regulations in place at the time of their birth."
October 5, 2026 — final deadline for public comments. "Comments must be received on or before October 5, 2026." The docket is DHS Docket No. USCIS-2026-0496 (CIS No. 2882-26).
The Forms
DHS reported that it is making corresponding changes to two forms:
- Form I-485 — Application to Register Permanent Residence or Adjust Status
- Form G-325R — Biographic Information (Registration)
The published document does not include the new edition date for each form. Anyone filing should check the current edition on the official form page at uscis.gov before submitting.
What to Do With This Information
If your case involves an I-485 or G-325R, check the current edition of the form on the USCIS website before filing. It's a two-minute check that avoids rework.
If you want to comment on the rule, the path is docket USCIS-2026-0496 on regulations.gov, until October 5, 2026.
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Sources
- Federal Register / DHS — Registration of Lawful Permanent Residence for Children Born to Foreign Government Employees in the United States — published 09/09/2026 — citation 91 FR 57249 — document 2026-18345 — https://www.federalregister.gov/documents/2026/09/09/2026-18345/registration-of-lawful-permanent-residence-for-children-born-to-foreign-government-employees-in-the
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Educational information, not legal advice. Prime Immigration Office is a paralegal service — document preparation only. For legal advice, consult a licensed Texas attorney or DOJ-accredited representative.