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Obtaining a Green Card for a Person Born in the United States to a Foreign Diplomat

Recently my immigration law office in Queens, New York has been getting inquiries on how to obtain a Green Card for a Person Born in the United States to a Foreign Diplomat.

In this blog I will discuss:

  • Eligibility Criteria
  • Application Process
  • Supporting Evidence for the Form I-485
  • Medical Examination
  • Work and Travel Authorization

A person born in the United States to a foreign diplomatic officer accredited to the United States is not subject to the jurisdiction of United States law. Therefore, that person cannot be considered a U.S. citizen at birth under the 14th Amendment to the United States Constitution. This person may, however, be considered a permanent resident at birth and able to receive a green card through creation of record.

To determine whether your parent is a foreign diplomatic officer, your parent’s accredited title must be listed in the State Department Diplomatic List, also known as the Blue List. This list includes:

  • Ambassadors
  • Ministers
  • Charges d’affaires
  • Counselors
  • Secretaries and attaches of embassies and legations
  • Members of the Delegation of the Commission of the European Communities

It also includes those with comparable diplomatic status and immunities assigned to the United Nations or to the Organization of American States and other persons who have comparable diplomatic status.

For more information, 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, or call my immigration law office in Queens at 718-407-0871.

Eligibility Criteria

You may be eligible to receive a green card (permanent residence) through creation of record if you meet all of the following conditions:

  • You were born in the United States to a foreign diplomat
  • You have had residence in this country continuously since birth
  • You have not abandoned your residence in the United States

Application Process

To obtain a green card, you need to file Form I-485, Application to Register Permanent Residence or Adjust Status.

Note: The provisions of permanent residency will not apply to you until you relinquish (give up) your rights, privileges, exemptions, or immunities which are available to you as the child of a foreign diplomatic officer. Your registration for this provision is entirely voluntary.

Supporting Evidence for Form I-485

You should submit the following evidence with your Form I-485:

  • Two passport-style photos- Form G-325A, Biographic Information, if you are between 14 and 79 years of age
  • Copy of government issued photo id
  • Copy of birth certificate
  • Copy of passport page with nonimmigrant visa (if applicable)
  • Copy of passport page with admission (entry) stamp (if applicable)
  • Form I-94, Arrival/ Departure Record (if applicable)
  • List of all your arrivals in and departures from the United States, if not evidenced above
  • Form I-508, Waiver of Rights, Privileges, Exemptions, and Immunities
  • Form I-508F, (if a French national)
  • Form I-566, InterAgency Record of Request for A, G, or NATO Dependent Official confirmation and evidence you were born to a foreign diplomatic officer on the Blue List (Your parent’s diplomatic classification and occupational title at the time of your birth must be included)
  • Evidence establishing your continuous residence since birth
  • Applicable fees
  • Certified copies of court records (if you have ever been arrested)
  • Medical Examinations

You do not need to undergo a medical exam to be eligible for creation of record of your permanent resident status.

Work & Travel Authorization

You are not entitled to apply for employment authorization or travel documents (granting advance permission to leave the United States and be readmitted) based on your pending I-485 application. However, you may be eligible to work and travel based on your nonimmigrant status in the United States.

Please contact my immigration law office in Queens if you have any questions or need further clarifications.

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