[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR101.3]



[Page 34-35]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 101_PRESUMPTION OF LAWFUL ADMISSION--Table of Contents

 

Sec. 101.3  Creation of record of lawful permanent resident status for 

person born under diplomatic status in the United States.



    (a) Person born to foreign diplomat--(1) Status of person. A person 

born in the United States to a foreign diplomatic officer accredited to 

the United States, as a matter of international law, is not subject to 

the jurisdiction of the United States. 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 diplomatic officer. Foreign diplomatic 

officer means a person listed in the State Department Diplomatic List, 

also known as the Blue List. It includes ambassadors, ministers, 

charg[eacute]s d'affaires, counselors, secretaries and attach[eacute]s 

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) Child born subject to the jurisdiction of the United States. A 

child born in the United States is born subject to the jurisdiction of 

the United States and is a United States citizen if the parent is not a 

``foreign diplomatic officer'' as defined in paragraph (a)(2) of this 

section. This includes, for example, a child born in the United States 

to one of the following foreign government officials or employees:

    (1) Employees of foreign diplomatic missions whose names appear in 

the State Department list entitled ``Employees of Diplomatic Missions 

Not Printed in the Diplomatic List,'' also known as the White List; 

employees of foreign diplomatic missions accredited to the United 

Nations or the Organization of American States; or foreign diplomats 

accredited to other foreign states. The majority of these individuals 

enjoy certain diplomatic immunities, but they are not ``foreign 

diplomatic officers'' as defined in paragraph (a)(2) of this section. 

The immunities, if any, of their family members are derived from the 

status of the employees or diplomats.

    (2) Foreign government employees with limited or no diplomatic 

immunity such as consular officials named on the State Department list 

entitled ``Foreign Consular Officers in the United States'' and their 

staffs.

    (c) Voluntary registration as lawful permanent resident of person 

born to foreign diplomat. Since a person born in the United States to a 

foreign diplomatic officer is not subject to the jurisdiction of the 

United States, his/her registration as a lawful permanent resident of 

the United States is voluntary. The provisions of section 262 of the Act 

do not apply to such a person unless and until that person ceases to 

have the rights, privileges, exemptions, or immunities which may be 

claimed by a foreign diplomatic officer.

    (d) 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



[[Page 35]]



United States solely by having been admitted to the United States in a 

nonimmigrant classification under paragraph (15)(A) or (15)(G) of 

section 101(a) of the Act after a temporary stay in a foreign country or 

countries on one or several occasions.



(Secs. 101(a)(20), 103, 262, 264 of the Immigration and Nationality Act, 

as amended; 8 U.S.C. 1101(a)(20), 1103, 1302, 1304)



[47 FR 940, Jan. 8, 1982]