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Immigration options for family members of foreign diplomats

| Mar 2, 2021 | Uncategorized

Foreign diplomats working in Kentucky and other parts of the U.S. often reside in America for many years. These diplomats receive visas that allow them to live and work in this country, but the long-term nature of diplomatic work can lead to unique family immigration issues.

Family visas

Immediate family members of diplomats are eligible for A-1 or A-2 visas. The group of people who are considered immediate family members includes spouses and unmarried children of the diplomat. Others who can accompany a diplomat into America by the benefit of an A category visa are relatives connected by blood, adoption or marriage to the diplomat or the diplomat’s spouse or domestic partner. Holders of A category visas can legally work in the U.S., but family members must apply for work authorization before this right can become active.

Status changes

Spouses of diplomats do not often change their A category visa status to another nonimmigrant visa status. However, children of diplomats commonly exchange their A category visa for an F-1 student visa.

Children born in this country

Children born to foreign diplomats on U.S. soil are not subject to United States jurisdiction. Likewise, these children do not become American citizens by birth. However, these children can enjoy permanent resident status and are immediately eligible to receive a green card.

Parents must first establish the birth of a child on U.S. soil to kickstart the green card process. Parents must also show evidence that the child did not leave the United States after birth. A completed Form 1-485 is necessary to facilitate the application process.

Navigating immigration laws in America can become a cumbersome task for foreign nationals and their families. If you have further questions regarding your immigration status or the immigration system as a whole, the wisest course to follow would be to speak with an immigration attorney.