Green Card for a child born in to a Foreign Diplomat parent in US

 

To the jurisdiction of United States law a person born in the United States to a foreign diplomatic officer accredited to the US is not subjected to. Under the 14th Amendment to the United States Constitution hence that person cannot be considered a U.S. citizen at birth. However through creation of record this person may be considered a permanent resident at birth and able to receive a green card.

In the State Department Diplomatic List, also known as the Blue List your parent’s accredited title must be listed to decide if your parent is a foreign diplomatic officer, Following are included in the blue list:

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

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 are also included.

Eligibility requirement for creation of record

All of the following conditions should be met for you to be eligible to receive a green card (permanent residence) through creation of record:

  •  To a foreign diplomat you were born in the United States
  •  Since birth You have had residence in this country continuously
  •  In the United States you have not abandoned your residence


Application process for green card

Form I-485, Application to Register Permanent Residence or Adjust Status should be filed to obtain a green card. Until you renounce your rights, privileges, exemptions, or immunities which are available to you as the child of a foreign diplomatic officer the provisions of permanent residency will not apply to you. Your registration for this provision is entirely voluntary.

Supporting documents for Form I-485

With your Form I-485
following evidences should be submitted:

  •   Passport-style two photographs
  •   If you are between 14 and 79 years of age Form G-325A, Biographic Information,
  •   Government issued photo id photocopy
  •   Birth certificate photocopy
  •   With non-immigrant visa if applicable photocopy of passport page
  •   Passport page if applicable with admission/entry stamp  photocopy
  •   If applicable Form I-94, Arrival/ Departure Record
  •   If not evidenced above, list of all your arrivals in and departures from the United States,
  • , Waiver of Rights, Privileges, Exemptions, and Immunities, Form I-508
  •   If a French national, Form I-508F
  •   Inter-agency Record of Request for A, G, or NATO Dependent, Form I-566,
  • 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)
  • Since birth evidence establishing your continuous residence
  • Fee which is applicable
  • If you have ever been arrested certified copies of court records

Work authorization and medical examinations

For granting advance permission to leave the United States and be readmitted you are not entitled to apply for employment authorization or travel documents based on your pending I-485 application. Based on your non-immigrant status in the United States however you may be eligible to work and travel. To be eligible for creation of record of your permanent resident status you do not need to undergo a medical exam.

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