Rule2026-18949
Registration of Lawful Permanent Residence for Children Born to Foreign Government Employees in the United States; Correction
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 16, 2026
Effective
September 16, 2026
Issuing agencies
Homeland Security Department
Abstract
This document corrects the interim final rule (IFR) that published in the Federal Register on September 9, 2026. The IFR amends 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 also made corresponding changes to Form I- 485, Application to Register Permanent Residence or Adjust Status and Form G-325R, Biographic Information (Registration). This document will restore regulatory language that was unintentionally removed in the September 9, 2026 IFR, with certain conforming edits.
Full Text
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<title>Federal Register, Volume 91 Issue 178 (Wednesday, September 16, 2026)</title>
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[Federal Register Volume 91, Number 178 (Wednesday, September 16, 2026)]
[Rules and Regulations]
[Pages 58575-58576]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18949]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 91, No. 178 / Wednesday, September 16, 2026 /
Rules and Regulations
[[Page 58575]]
DEPARTMENT OF HOMELAND SECURITY
8 CFR Part 264
[CIS No. 2885-26; DHS Docket No. USCIS-2026-0496]
RIN 1615-AD24
Registration of Lawful Permanent Residence for Children Born to
Foreign Government Employees in the United States; Correction
AGENCY: Department of Homeland Security, U.S. Citizenship and
Immigration Services.
ACTION: Correcting amendment.
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SUMMARY: This document corrects the interim final rule (IFR) that
published in the Federal Register on September 9, 2026. The IFR amends
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 also made corresponding changes to Form I-
485, Application to Register Permanent Residence or Adjust Status and
Form G-325R, Biographic Information (Registration). This document will
restore regulatory language that was unintentionally removed in the
September 9, 2026 IFR, with certain conforming edits.
DATES: Effective September 16, 2026, and applicable as of September 4,
2026.
FOR FURTHER INFORMATION CONTACT: Office of Policy and Strategy, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
5900 Capital Gateway Drive, Camp Springs, MD 20746; telephone 240-721-
3000 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION:
I. Need for Correction
On September 9, 2026, DHS published an IFR titled Registration of
Lawful Permanent Residence for Children Born to Foreign Government
Employees in the United States, 91 FR 57249. This document corrects and
replaces evidentiary criteria that was inadvertently removed in our
amendatory instructions in the regulatory text at 8 CFR 264.2 (c)(2).
The IFR revised and reformatted the regulatory text at 8 CFR 264.2.
As part of those revisions, DHS intended to revise the introductory
text of 8 CFR 264.2 (c)(2), while retaining the sub paragraphs as
indicated with the colon and asterisks. However, the amendatory
instructions did not make that clear and the CFR was codified by
removing the sub paragraphs that contained evidentiary criteria.
Therefore, this document corrects the regulatory text, 8 CFR 264.2
(c)(2) to restore the inadvertently removed text, while retaining the
introductory updates made by the IFR. In addition, this documents
corrects the text of 8 CFR 264.2(c)(2)(v) and (vi) to recognize that
children who seek to register their permanent residence when their
parents were foreign government employees, but not foreign diplomatic
officers, may not be required to file Form I-508, Waiver of Rights,
Privileges, Exemptions, and Immunities, and that they are required to
submit evidence of their parent's foreign government employment rather
than their diplomatic classification. These changes to the regulatory
evidentiary requirements for a child of a foreign government employee
to register as a lawful permanent resident were already made in the
Form I-485 associated information collection published and approved
with the IFR and are being added through this correction in the
specified paragraphs.
This correction is applicable as if DHS had included this provision
in the IFR that published on September 9, 2026. That rule had an
effective date of September 4, 2026. Accordingly, the correction is
applicable as of September 4, 2026. In other words, DHS will apply the
corrected IFR to children born to foreign government employees on or
after, September 4, 2026, same as the IFR.
II. Administrative Procedure Act
Section 553(b) of the Administrative Procedure Act (APA) generally
requires agencies to publish a notice of proposed rulemaking in the
Federal Register to provide a period for public comment before the
provisions of a rule take effect. 5 U.S.C. 553(b). In addition, section
553(d) of the APA requires agencies to delay the effective date of
final rules by a minimum of 30 days after the date of their publication
in the Federal Register. 5 U.S.C. 553(d). Both of these requirements
can be waived if an agency finds, for good cause, that the notice and
comment process and/or delayed effective date is impracticable,
unnecessary, or contrary to the public interest, and incorporates a
statement of the finding and the reasons therefore in the notice. 5
U.S.C. 553(b)(B)(d)(3).
DHS believes there is good cause for publishing this document
without prior notice and opportunity for public comment and with an
effective date of less than 30 days because such procedures are
unnecessary. This document corrects a technical error in the regulatory
text and does not make substantive changes to the policies in the IFR.
Therefore, DHS believes that it has good cause to waive the notice and
comment and effective date requirements of section 553 of the APA.
List of Subjects in 8 CFR Part 264
Aliens, Reporting and recordkeeping requirements.
Accordingly, 8 CFR part 264 is corrected by making the following
correcting amendment:
PART 264--REGISTRATION AND FINGERPRINTING OF ALIENS IN THE UNITED
STATES
0
1. The authority citation for part 264 continues to read as follows:
Authority: 8 U.S.C. 1103, 1201, 1302-1305; 8 CFR Part 2.
0
2. Amend Sec. 264.2 by revising paragraph (c)(2) to read as follows:
Sec. 264.2 Application for creation of record of permanent residence.
* * * * *
(c) * * *
(2) Lawful permanent residence as a person born in the United
States to a foreign government employee. An applicant who believes that
he/she is eligible for lawful permanent residence as a person born in
the United States to a foreign government employee under Sec. 101.3 of
this chapter shall submit the following:
(i) A completed Form I-485, with the fee required in 8 CFR 106.2
and any initial evidence required in this application form and in this
section.
[[Page 58576]]
(ii) Form G-325A, Biographic Information.
(iii) [Reserved]
(iv) The applicant's birth certificate.
(v) An executed Form I-508, Waiver of Rights, Privileges,
Exemptions, and Immunities, if applicable.
(vi) Official confirmation of the applicant's parent's foreign
government employment, including occupational title and, if applicable,
diplomatic classification at the time of the applicant's birth.
(vii) A list of all the applicant's arrivals in and departures from
the United States.
(viii) Proof of continuous residence in the United States.
(ix) Two photographs prepared in accordance with the specifications
outlined in the instructions on the application form. The immigration
officer to whom the application is submitted, however, may waive the
photographs for just cause.
* * * * *
Christina E. McDonald,
Associate General Counsel for Regulatory Affairs, U.S. Department of
Homeland Security.
[FR Doc. 2026-18949 Filed 9-15-26; 8:45 am]
BILLING CODE 9111-97-P
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