In the context of U.S. immigration law, there is a pathway that many may not know about for foreign diplomats and employees of international organizations to obtain lawful permanent residency or a Green Card. While diplomats enjoy certain immunities and privileges, they may choose to relinquish these rights in pursuit of U.S. permanent residence. This guide will cover the details of the process, applicable requirements, and options available to A and G visa holders, including provisions for diplomats, members of international organizations, and their households.
The Unique Challenge for A and G Visa Holders
Waiver of Rights Always Required Before Diplomats Receive U.S. Green Card
Foreign officials holding an A visa, including employees of embassies or international organizations, can enjoy certain privileges. Employees with a G visa may also benefit from legal immunities, such as exemption from prosecution in the country of accreditation, which comes with diplomatic status. However, obtaining a Green Card in the U.S. requires relinquishing these rights, privileges, and immunities.
For example, if you work in an administrative role at an embassy, diplomatic immunity does not apply to your Green Card application. If you plan to apply for a Green Card based on marriage to a U.S. citizen, you must waive this immunity and accept responsibility for U.S. taxes. You can still retain your position with the foreign mission while pursuing this path.
To waive your diplomatic immunity, complete Form I-508, the “Waiver of Rights, Privileges, Exemptions and Immunities,” and submit it to U.S. Citizenship and Immigration Services (USCIS) along with your Green Card application or 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.
Eligibility criteria for a Section 13 green card
- To qualify for a Section 13 green card, which allows individuals who entered the United States under diplomatic status to obtain permanent residency, applicants must meet several specific eligibility criteria:
Eligibility Criteria for Section 13 Green Card
- Visa Status: The applicant must have entered the U.S. as an A-1, A-2, G-1, or G-2 nonimmigrant. This includes diplomats and certain international employees.
- Nonimmigrant Status Maintenance: The applicant must have failed to maintain their A-1, A-2, G-1, or G-2 nonimmigrant status.
- Nature of Duties: The applicant’s duties must have been diplomatic or semi-diplomatic in nature. Duties that are custodial, clerical, or of a menial nature do not qualify.
- Compelling Reasons for Adjustment: There must be compelling reasons why the applicant or their immediate family cannot return to the country that accredited them as a diplomat. This could include personal safety concerns or political instability.
- Good Moral Character: The applicant must demonstrate good moral character.
- Admissibility: The applicant must be admissible to the United States for permanent residence, meaning they do not fall under any grounds of inadmissibility.
- National Interest: Granting the green card must be in the national interest of the United States.
Application Process
To apply for a Section 13 green card, the applicant needs to file Form I-485, along with supporting documentation that includes:
- Evidence of prior admission as an A-1, A-2, G-1, or G-2 nonimmigrant.
- Form I-566 (Interagency Record of Request).
- Form I-508 (Waiver of Rights).
- Two passport-style photos.
- A copy of the birth certificate.
- Form I-693 (Report of Medical Examination and Vaccination Record).
- Applicable fees and any additional evidence that supports the application
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.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for an E-1 Visa or an L-1 Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
