In the context of the United States immigration law, there is another pathway that the majority of people may not know about that can get the foreign diplomats and other employees of an international organization a lawful permanent residency or a green card. It is however important to note that inviolability while exercising diplomatic functions enjoys juridical immunities and privileges as a diplomatic agent may at times relinquish him/her from such rights in search of US permanent residence. In this guide, let us learn about the details of the process, some of the applicable requirements, and what different choices A and G visa holders can take within the United States including the provision of Diplomats, Members of International Organizations, and Their Household as well.
The Unique Challenge for A and G Visa Holders
Waiver of Rights Always Required Before Diplomats Receive U.S. Green Card
Foreign officials include those holding an ‘A visa’ – any foreign government official or employee of an embassy or international organization in the U. S; employees of such an embassy or organization holding a ‘G visa’ may also enjoy the privileges. These privileges may include legal immunities such as exemption from prosecution in the country of accreditation-a major benefit that comes with diplomatic status. However, the dream of getting a green card in the United States comes at the expense of the following: diplomacy rights, privileges, and immunities.
For example, consider the scenario where you work in an administrative capacity at an embassy in the United States for a different country. Note that diplomatic immunity does not apply to this green card application. If you wish to apply for a green card based on marriage to a U.S. citizen, you must be willing to waive this immunity and take responsibility for U.S. taxes. Interestingly, one can still retain his/her position with the foreign mission while engaging in this profession.
To remove your diplomatic immunity status, complete Form I-508, known as the “Waiver of Rights, Privileges, Exemptions and Immunities,” and forward it to the U.S. Citizenship and Immigration Services (USCIS). File this form with your green card application or together with the petition documents.
Special Green Card for Foreign Diplomats (Section 13)
A Pathway for Diplomatic and Semi-Diplomatic Officials
Expatriates with A-1, A-2, G-1, or G-2 visas who serve in US Embassies or international organizations can apply for a special green card category called ‘Section 13’ if they can no longer uphold their diplomatic status, cannot return to their home country, are admissible to the US, and meet other requirements.
It may also be for such family members of the diplomats if they too meet the requirements provided as ‘dependents.’
For instance, one could be a foreign ambassador who has not gone back to his home country for some time due to political unrest or such conflict could decide to go for the Section 13 option when he or she has no need for asylum but rather needs the green card. In this expeditious regime, the process is as easy as filling an I-485 adjustment of status form together with other supporting materials.
Undocumented foreign embassy employees without significant decision-making powers or foreign officials with relatively few reasons to be in the U.S. will not receive this opportunity. Additionally, note that the law limits Section 13 green cards to a maximum of 50 per year, with issuance depending on the best interests of the United States.
Special Green Card for International Organization Employees
A Pathway for Retired International Organization Personnel
Retired officers or employees from the United Nations or the World Bank who have lived in the U.S. under a G-4 or NATO-6 visa for a total of fifteen years before their retirement or during the last seven years before filing a green card application must follow these provisions. They need to file Form I-360, often referred to as the “Petition for Amerasian, Widow(er), or Special Immigrant,” within six months of their retirement.
Spouses of retired international organization personnel and spouses of deceased former international organization officers or employees may also independently qualify for a green card. In the latter scenario, the application must be filed within six months of the officer or employee’s death.
Additionally, unmarried sons and daughters of current or former international organization officers or employees can pursue a green card independently if they have resided in the U.S. on G-4 or NATO-6 visas for at least seven years (combined) between ages 5 and 21, with at least half of that time within the seven years preceding their green card application. The application must be submitted before they turn 25.
Special Green Card for Children of Foreign Diplomats
A Pathway for Children Born to Accredited Diplomats
Children born in the U.S. to accredited foreign diplomatic officers do not automatically acquire U.S. citizenship at birth. However, there exists a special regulation, 8 C.F.R. § 101.3, that provides them with an alternative path to obtaining a green card.
This process bypasses the need for an immigrant visa petition and instead requires the submission of an I-485 adjustment of status application, along with the I-508 and I-566 forms as mentioned earlier. To qualify for this unique pathway, it is essential to confirm that the parent was indeed on the “Blue List” of accredited foreign diplomatic officers maintained by the Department of State.
In cases where the parent’s name does not appear on this list, the child is already considered a U.S. citizen.
In conclusion, while the process of obtaining a green card for foreign diplomats and international organization employees involves complex decisions and considerations, it offers a potentially life-changing opportunity for those seeking permanent residence in the United States. By navigating the intricate requirements, waiving diplomatic rights where necessary, and adhering to specific regulations, individuals in these positions can embark on the path to becoming lawful permanent residents of the United States.
