§ 101.3 Creation of record of lawful permanent resident status for persons born to foreign government employees in the United States.

(a) Person born to a foreign government employee—(1) Status of person. A person born in the United States to a foreign government employee is not subject to the jurisdiction of the United States for purposes of birthright citizenship, unless at least one parent of the person is a United States citizen. That person is not a United States citizen under the Fourteenth Amendment to the Constitution. Such a person may be considered a lawful permanent resident at birth.

(2) Definition of foreign government employee. (i) “Foreign government employee” means:

(A) A foreign diplomatic officer accredited to the United States. This includes ambassadors, ministers, chargés d'affaires, counselors, secretaries and attachés of 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;

(B) A person employed by a foreign embassy or consulate who is a national of that foreign country not covered in paragraph (a)(2)(i)(A) of this section;

(C) A person employed by a foreign government in an official capacity not covered in paragraphs (a)(2)(i)(A) and (B) of this section; and

(D) A person employed by an international organization that possesses international-organization immunity not covered in paragraph (a)(2)(i)(A) of this section.

(ii) Except if the foreign government employee falls within the definition under paragraph (a)(2)(i)(A) of this section, the definition of “foreign government employee” does not include:

(A) Personal employees or attendants of foreign government or international organization officials who are not employed by the foreign government, including personal assistants, chauffeurs, or housecleaners;

(B) Employees of state-owned enterprises in a status other than A or G nonimmigrant classifications;

(C) Third-country nationals working for a foreign government, including at a foreign embassy or consulate;

(D) Employees of international organizations beyond those international organizations designated by executive order as enjoying immunity in the United States under the International Organizations Immunities Act;

(E) Contractors of foreign missions, international organizations, or governments in a status other than A or G nonimmigrant classifications; and

(F) Foreign government employees visiting the United States in a personal rather than an official capacity.

(b) Voluntary registration as lawful permanent resident of person born to foreign government employee. Registration as a lawful permanent resident under this regulation is voluntary. However, a person born in the United States who is not a United States citizen is subject to section 262 of the Act and must register as an alien when required to do so by the Act, unless he or she has the rights, privileges, exemptions, and immunities which may be claimed by a foreign diplomatic officer. Persons who are required to register as an alien may do so either under this regulation and § 264.2 of this chapter (if otherwise eligible) or under § 264.1 of this chapter.

(c) Retention of lawful permanent residence. To be eligible for lawful permanent resident status under paragraph (a) of this section, an alien must establish that he/she has not abandoned his/her residence in the United States. One of the tests for retention of lawful permanent resident status is continuous residence, not continuous physical presence, in the United States. Such a person will not be considered to have abandoned his/her residence in the United States solely by having been admitted to the United States in a nonimmigrant classification after a temporary stay in a foreign country or countries on one or several occasions.

[91 FR 57257, Sept. 9, 2026]