By David Gottfried on September 10, 2015
A person born in the United States to a foreign diplomatic officer accredited to the United Stats, is not subject to the jurisdiction of the United States, and is not a U.S. Citizen. 8 CFR §101.3(a)(1) A foreign diplomatic officer is a person listed in the State Department Diplomatic list, also known as the blue list. It includes ambassadors, ministers, charges d’affaires, counselors, secretaries, and attaches 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. 8 CFR §101.3(a)(2).
Children born in diplomatic status may register their permanent residence status, and once registered will be considered a permanent resident as of the date of her or his birth. 8 CFR §254.2(h)(2).
Registration is voluntary and can be applied for at any time, unless the child abandoned his or her permanent residence. 8 CFR §101.3(d). The procedures for apply to register for the creation of a record of lawful permanent residence and a permanent resident card, form I-551 are set forth in 8 CFR §264.2.