C.F.R. » Title 8 » CHAPTER I—DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER B—IMMIGRATION REGULATIONS › PART 101—PRESUMPTION OF LAWFUL ADMISSION

8 C.F.R. § 101.3

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

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(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]
Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1977–2022 · leading case: Alsaidi v. U.S. Dep't of State, 292 F. Supp. 3d 320 (D.C. Cir. 2018).
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Alsaidi v. U.S. Dep't of State, 292 F. Supp. 3d 320 (D.C. Cir. 2018). · cites it 3× “citizen and that the reason given for the denial is legally insufficient because she claims it misreads 8 C.F.R. § 101.3 ( id. ¶¶ 14-16 ), which defines the circumstances under which persons born to foreign government officers or employees are born subject to the jurisdiction of…”
Naa Dei Nikoi v. Attorney Gen. of the United States, 939 F.2d 1065 (D.C. Cir. 1991). · cites it 4× “3 of the INS regulations, 8 C.F.R. § 101.3 (1991). In Matter of Huang , two American-born children of a Chinese diplomat applied for permanent resident status.”
Doris C. Oforji v. John D. Ashcroft, 354 F.3d 609 (7th Cir. 2003). “This rule, though thought by some compelled by section 1 of the Fourteenth Amendment, which provides *621 that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside,”…”
United States v. Fred Steinberg, 551 F.2d 510 (2d Cir. 1977). · cites it 2× “8 C.F.R. § 101.3 . . Some of the aliens testified at trial that Riese had referred them to Steinberg in connection with obtaining these green cards.”
Myriam Parada v. Anoka Cnty., 54 F.4th 1016 (8th Cir. 2022). “The policy is also underinclusive: it will miss people who are American-born children of foreign diplomats or who have renounced their citizenship, like American-born Jews who have accepted sole citizenship under Israel’s Law of Return.”
Hassan v. Holder, 793 F. Supp. 2d 440 (D.D.C. 2011). “¶ 13 (citing 8 C.F.R. § 101.3 (a)(1)). Despite this authority, plaintiff claims that he is a U.”
Alsaidi v. United States Dep't of State, No. 2017-0465 (D.D.C. Feb. 20, 2018). · cites it 3× “citizen and that the reason given for the denial is legally insufficient because she claims it misreads 8 C.F.R. § 101.3 (id. ¶¶ 14–16), which defines the circumstances under which persons born to foreign government officers or employees are born subject to the jurisdiction of…”
Ryan Thomas Bechard v. Rosa G. Rios, No. CA 11657-MAA, 2016 WL 402471 (Del. Ch. Feb. 2, 2016). “Kerry, Secretary of State, to put the names of you, your wife and children, in their “diplomatic list, also known as the Blue List” under 8 CFR § 101.3 , to direct the passport department to issue and deliver your diplomatic passport books and cards with your special requests, 2…”
Ghiass Mouhamed Ali v. Dist. Dir., No. 17-12709 (11th Cir. Aug. 2, 2018). “95, and a foreign diplomatic officer pursuant to 8 C.F.R. §101.3 (a)(2). 3 Case: 17-12709 Date Filed: 08/02/2018 Page: 4 of 11 was therefore invalid.”
Walby v. United States, No. 19-873 (Fed. Cl. July 19, 2019). “See 8 C.F.R. §§ 101.3 (a)-(b), 1101.3(a)-(b) (2014).”
Hassan v. Holder, No. 2010-0970 (D.D.C. June 27, 2011). “¶ 13 (citing 8 C.F.R. § 101.3 (a)(1)). Despite this authority, plaintiff claims that he is a U.”
Oforji, Doris C. v. Ashcroft, John, No. 02-3861 (7th Cir. Dec. 31, 2003). “1(a)(4)(i), 2001 WL 1333852 (INS); 8 C.F.R. §§ 101.3 (a)(1), 1101.3(a)(1)), including the children of illegal immigrants whose sole motive in immigrating was to confer U.”
8 C.F.R. § 101.3(a)(2): 2 cases
Alsaidi v. U.S. Dep't of State, 292 F. Supp. 3d 320 (D.C. Cir. 2018). “citizen and that the reason given for the denial is legally insufficient because she claims it misreads 8 C.F.R. § 101.3 ( id. ¶¶ 14-16 ), which defines the circumstances under which persons born to foreign government officers or employees are born subject to the jurisdiction of…”
Alsaidi v. United States Dep't of State, No. 2017-0465 (D.D.C. Feb. 20, 2018). “citizen and that the reason given for the denial is legally insufficient because she claims it misreads 8 C.F.R. § 101.3 (id. ¶¶ 14–16), which defines the circumstances under which persons born to foreign government officers or employees are born subject to the jurisdiction of…”
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