Emergency Justification Memo

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U.S. Department of Homeland Security
U.S. Citizenship and Immigration Services
Office of Information Technology
Washington, DC 20529

Memorandum
TO:

Dominic Mancini
Deputy Administrator,
Office of Information and Regulatory Affairs,
Office of Management and Budget

THROUGH:

Kyle Schutt
Acting Chief Information Officer,
U.S. Department of Homeland Security

KYLE L
SCHUTT

FROM:

Samantha Deshommes
Chief Regulatory Officer,
USCIS Office of Policy and Strategy

signed by
SAMANTHA L Digitally
SAMANTHA L DESHOMMES
2026.09.02 13:00:47
DESHOMMES Date:
-04'00'

SUBJECT:

Request for Emergency OMB Paperwork Reduction Act (PRA) Clearance – USCIS Form
I-485, Application to Register Permanent Residence or Adjust Status and USCIS Form
G-325R, Biographic Information (Registration)

Digitally signed by KYLE
L SCHUTT
Date: 2026.09.02
17:13:56 -04'00'

Purpose: U.S. Citizenship and Immigration Services (USCIS) is requesting emergency approval of a
revision of the USCIS Form I-485, Application to Register Permanent Residence or Adjust Status (OMB
Control Number 1615-0023) and Form G-325R, Biographic Information (Registration) (OMB Control
Number 1615-0166). USCIS is seeking approval for the revised collection of information under 5 CFR
1320.13.
Background: Section 103(a)(1) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1103(a)(1),
gives the Secretary of Homeland Security general authority to enforce and administer the immigration
laws. Section 103(a)(3) of the INA, 8 U.S.C. § 1103(a)(3), authorizes issuance of forms, instructions, and
guidance necessary to carry out the authority provided in section 103(a)(1) of the INA, 8 U.S.C. §
1103(a)(1).
DHS is updating its regulations to provide a way for additional children who are born in the United
States, but are not U.S. citizens, to register as lawful permanent residents. This is consistent with
Executive Order (E.O.) 14418, Continuing to Protect the Meaning and Value of American Citizenship. 1
E.O 14418 directs the Secretary of Homeland Security to take appropriate action to prevent the issuance
1

See 91 FR 51991 (August 6, 2026).

of documents recognizing U.S. citizenship to certain individuals born in the United States where neither
parent of that person is a U.S. citizen and at least one noncitizen parent meets certain conditions.
The Fourteenth Amendment grants United States citizenship to “all persons born…in the United States,
and subject to the jurisdiction thereof.” The Supreme Court has interpreted the words “subject to the
jurisdiction thereof” to create certain exceptions to birthright citizenship, notably “children of members of
the Indian tribes…children born of alien enemies in hostile occupation, and children of diplomatic
representatives of a foreign state” with rights of extraterritoriality. 2 Since at least the 1940s, the former
Immigration and Naturalization Service (INS), and more recently USCIS, have treated children born in
the U.S. to foreign diplomatic officers who do not acquire citizenship at birth as eligible to register for
lawful permanent residence of the U.S. 3 In 1982, the former INS published regulations, including 8
C.F.R. 101.3 and 264.2, to create a formal procedure for creation of records of lawful permanent
residence for individuals born in the United States to foreign diplomatic officers accredited to the United
States. 4 These regulations, still in force today, state that a child of a foreign diplomatic officer accredited
to the United States is not a U.S. Citizen under the Fourteenth Amendment but may voluntarily register as
a lawful permanent resident of the United States. To register, the applicant must file Form I-485 and
establish that he or she has not abandoned his or her residence in the United States. If the application is
granted, the applicant is considered a lawful permanent resident as of his or her date of birth. DHS is
updating its regulations to expand the application from “children born to foreign diplomats” to “children
born to foreign government employees.”
Discussion:
An Interim Final Rule, Registration of Lawful Permanent Residence for Children Born to Foreign
Government Employees in the United States, is being issued with respect to an immigration-related
function to the United States to provide a way for additional children who are born in the United States,
but are not U.S. citizens, to register as lawful permanent residents. Specifically, the rule impacts children
born in the United States where neither parent is a U.S. citizen and at least one parent is a foreign
government employee. The changes in this rule expand the existing regulations at 8 CFR 101.3 and 264.2
from a narrow focus on children of foreign diplomats to a broader category of children born to foreign
government employees. The IFR will apply to children born on or after the publication date of the IFR.
This rule will clarify that certain aliens who are not subject to jurisdiction of the United States may
register their permanent resident status. As a result of the rule, DHS is revising USCIS Form I-485 and
Form G-325R. DHS is revising Form I-485 to broaden language referring to children “born under
diplomatic status” and instead refer to children “born to foreign government employees” and add
instructional language concerning which children of foreign government employees may file Form I-485
to register as lawful permanent residents. DHS is also revising Form G-325R, Biographic Information
(Registration) 5 to account for children born in the United States who do not acquire U.S. citizenship at
See U.S. v. Wong Kim Ark, 169 U.S. 649, 682 (1898); see also Trump v. Barbara, 609 U.S. ---, 146 S.Ct. 2438,
2456 (2026) (“[A] person is ‘subject to the jurisdiction’ of the government of the country in which he is physically
present…unless he falls under one of the familiar exceptions, such as for ambassadors.”).
3
See Matter of Huang, 11 I&N Dec. 190 (BIA 1965) (tracing this practice back to “an opinion dated December 10,
1946, by the General Counsel of the Service”); Matter of Chu, 14 I&N Dec. 241 (BIA 1972).
4
See Presumption of Lawful Admission; Registration and Fingerprinting of Aliens in the United States; Creation of
Records of Lawful Permanent Resident Status for Aliens Eligible for Presumption of Lawful Admission for
Permanent Residence and for Individuals Born Under Diplomatic Status in the United States, 47 FR 940-01 (Jan. 8,
1982); see also Nikoi v. Atty. Gen. of U.S., 939 F.2d 1065, 1067 (D.C. Cir. 1991) (describing the regulatory history).
5
See G-325R, Biographic Information (Registration) https://www.uscis.gov/forms/all-forms/g-325r (last visited
Aug. 27, 2026) and if required attend a biometrics services appoint according to the Alien Registration Form and
Evidence of Registration Final Rule (91 FR 39248).
2

birth and who are subject to section 262 of the INA, 8 U.S.C. 1302, but do not register as lawful
permanent residents under the amended regulation at 8 CFR 101.3.
In support of the rule, USCIS is adding clarifying language to USCIS Form I-485 and USCIS Form G325R, to ensure that the affected public clearly understands the available methods of complying with
section 262 of the Act, by filing USCIS Form I-485, registering as a lawful permanent resident, or filing
USCIS Form G-325R, registering as an alien.
USCIS seeks emergency processing of the USCIS Form I-485 and Form G-325R in accordance with 5
C.F.R. § 1320.13. DHS has determined the IFR is exempt from notice and comment and the delayed
effective date because the IFR’s subject matter pertains to the foreign affairs function of the United
States. DHS has further determined it has good cause to forego notice and comment because doing so is
“impracticable” and “contrary to the public interest,” which impacts the opportunity for notice and
comment referenced under other subsections of the PRA. USCIS certifies that the requirements of 5
C.F.R. § 1320.13(a) are met and that:
•
•
•

The collection of information is needed prior to the normal PRA public process timelines;
It is essential to the mission of the agency; and
The use of normal clearance procedures is reasonably likely to prevent or disrupt the collection of
information because an imminently effective IFR is defining a new population of respondents that
may either submit USCIS Form I-485 or may instead choose to register using USCIS Form G325R.

If DHS were to follow the normal information collection clearance procedures, the newly affected alien
population may not understand the pathways they have available to them, to file Form I-485, registering
as a lawful permanent resident, or file Form G-325R, registering as an alien. Making these revised forms
available on an emergency basis provides this clarifying information as quickly as possible and ensures
the voluntary established pathways are available to eligible individuals subject to the requirements of the
rule. If use of these revised forms could not proceed before completion of the normal PRA public
procedures, individuals subject to the IFR may not have available to them the proper government forms
needed to comply with the rule.
USCIS requests OMB OIRA approval or disapproval of the collection of information under 5 C.F.R. §
1320.13(b) as soon as possible.
Recommendation: DHS recommends the emergency approval of this collection of information under 5
C.F.R. § 1320.13.