Under the 14thAmendment to the United States Constitution, children of foreign diplomats born in the United States do not acquire United States citizenship because they are not subject to the jurisdiction of the United States. This is because, like their diplomatic parents, they also enjoy certain immunities under international law.
However, the children of foreign diplomats born in the United States may apply for Lawful Permanent Residence from the time of their birth. Since it is voluntary on the part of the Foreign Diplomat whether their children are or should be classified as Lawful Permanent Resident, they have to formally apply for the status.
DEFINITION OF FOREIGN DIPLOMATIC OFFICER
A foreign diplomatic officer is a person listed in the State Department Diplomatic List, also known as the Blue List. It also includes employees of foreign diplomatic missions listed in the White list. It includes ambassadors, ministers, charges d’affaires, counselors, secretaries and attaches of the embassies and legations as well as members of the Delegation of the Commission of the European Communities. The Term also includes individuals with comparable diplomatic status and immunities who are accredited to the United Nations or to the Organization of American States, and other individuals who are also accorded comparable diplomatic status. This foreign government officers and employees also enjoy certain immunities under international law.
ELIGIBILITY REQUIREMENTS
To register/apply for permanent residency for a child born in the United States by foreign diplomatic officers and employees, the applicant must meet the following eligibility requirements:
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The child was born in the United States.
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The applicant maintained continuous residence in the United States since birth. Temporary trips overs do not break continuous residence
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The applicant is physically present in the United States at the time of application.
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The applicant had a parent who was listed on the Department of State’s Diplomatic list, also known as the Blue List, at the time of the child’s birth.
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The applicant lost or waived his or her diplomatic immunity.
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The applicant voluntarily seeks to register as a permanent resident
REQUIRED DOCUMENTS
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Two passport photographs;
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Copy of government issued identity document with photographs;
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Copy of birth certificate;
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A list of all arrivals and departures from the United States;
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Proof of continuous residence in the United States;
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Official confirmation of the diplomatic classification and occupational title of the applicant’s parent(s) at the time of birth.