Does a Child of a Foreign Diplomat receive U.S. Citizenship at Birth?
Unfortunately No. A child of a foreign diplomatic officer does not receive U.S. citizenship at birth. Children born to foreign diplomat parents on U.S. soil, may become lawful permanent residents and, ultimately, naturalize to become U.S. citizens, should they choose.
How can they do so?
Since a child born to a foreign diplomat on U.S. soil is clearly “born … in the United States,” however they are not “subject to the jurisdiction” of the U.S. Therefore, a child born in the U.S. to foreign diplomat parents is not a U.S. citizen at birth.
Who is considered to be a “foreign diplomatic officer”?
A foreign diplomatic officer is a person listed on the U.S. Department of State’s Diplomatic List, also known as the “Blue List.” The Blue List provides the names of those individuals and their spouses who serve foreign states and international organizations and, therefore, are generally immune from “any form of arrest or detention.” The list includes, among others, ambassadors, ministers, and those with diplomatic status and immunities who work for the United Nations.
Who is not considered a “foreign diplomatic officer” for purposes of U.S. immigration law? As in individuals whose children, if born in the United States, would automatically acquire U.S. citizenship. Such individuals include, for example:
Consular officials and other foreign government employees with limited or no diplomatic immunity,
Employees of foreign diplomatic missions (listed on the Dept. of State’s so-called “White List”), and
Employees of foreign diplomatic missions accredited to the United Nations.
However if at least one parent of a child born on U.S. soil is a U.S. citizen or a non-citizen U.S. national, the U.S. government deems that the child was born subject to the jurisdiction of the U.S., and therefore the child would then acquire citizenship at birth. Meaning, if either parent did not have full diplomatic immunity at the time of the child’s birth, then the child would be subject to U.S. jurisdiction and would therefore be a U.S. citizen at birth.
How can a child born to a foreign diplomatic officer on U.S. soil attain U.S. citizenship?
A child born in the U.S. to a foreign diplomatic officer “may be considered a lawful permanent resident at birth.” These individual’s registration as a lawful permanent resident of the U.S. is entirely voluntary.
For them to be eligible, they must maintain continuous residence (which is not the same as continuous physical presence) in the United States. To create a record of lawful permanent residence, the child (or their parent, if under 18 years old) would file Form I-485 with the required fee and supporting documentation (including, but not limited to, their birth certificate, a list of their arrivals to and departures from the U.S., proof of continuous residence in the U.S., and two photographs). Note that the applicant would also need to waive any privileges and immunities they received pursuant to their parent’s diplomatic status by filing Form I-508.
If the application is approved, the date of permanent residence will be the individual’s date of birth. As with other green card holders, the individual will also be on the path to citizenship, should they choose to pursue that option. Depending on the individual’s age and the amount of time they have had continuous residence in the U.S. at the time they register as a lawful permanent resident, they may be able to become a naturalized citizen not long thereafter.