When people think of diplomats, they often imagine immunity and special privileges. But what happens if a diplomat or their dependent wants to stay in the United States permanently? Whether you hold a diplomatic visa or you’re the spouse or child of a diplomat, you may be surprised to learn that you can have options like seeking asylum or adjusting your status to become a lawful permanent resident (green card holder).
This situation is more common than you might think. Let’s break down the basics, clarify some common misconceptions, and share important points you need to know.
Can Diplomat Claim Asylum in the United States?
Yes, individuals in the U.S. on diplomatic visas have the legal right to apply for asylum. Even though diplomat typically enjoy special protections under international law, they can still seek protection if they fear persecution in their home country due to race, religion, nationality, political opinion, or membership in a particular social group.
Many people wrongly believe that diplomatic status automatically disqualifies someone from seeking asylum, but that is not the case. If you are considering asylum and you or a family member is a diplomat, it is crucial to consult an experienced immigration attorney to help you navigate the extra requirements.
Can Diplomat Adjust Their Status Without Leaving the U.S.?
In many cases, yes. Diplomats and their primary dependents — such as a spouse or children — may be eligible to apply for adjustment of status from within the United States. Adjustment of status means changing from a temporary visa holder to a lawful permanent resident without having to return to your home country for consular processing.
However, for diplomat, there’s an important extra step: you must file an additional form, known as Form I-566 (Interagency Record of Request — A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status). This form is used to communicate with the U.S. Department of State and USCIS, and it includes a waiver of diplomatic rights and immunities.
Why is this waiver important? Under U.S. immigration law, anyone who holds diplomatic status is generally immune from the jurisdiction of local U.S. courts and agencies. If you want to adjust your status, you have to show you’re willing to give up that immunity and be fully subject to U.S. laws like any other applicant.
This requirement can be intimidating, but for many diplomats and their families, adjusting status is worth it to gain permanent residency and eventually the possibility of naturalization.
Special Note About Children Born to Diplomats in the U.S.
One of the most misunderstood parts of U.S. immigration law involves children born in the U.S. to foreign diplomats. Many people assume that anyone born on U.S. soil automatically becomes a U.S. citizen — but there is an exception for children born to certain diplomats.
Under the 14th Amendment, a child born in the U.S. is not a citizen if the parents are not “subject to the jurisdiction” of the United States. Because accredited diplomats are considered under the jurisdiction of their own governments, their children do not receive automatic U.S. citizenship at birth. But note that some diplomatic staff are not subject to this restriction.
Moreover, this does not affect your options for asylum or adjustment of status if you meet the eligibility requirements. If you are a child of a diplomat who wants to remain in the U.S. permanently, you may be able to adjust your status through a different route. Again, legal advice is key.
Important Takeaways for Diplomats and Their Families
- Diplomat can apply for asylum in the U.S. if they have a credible fear of persecution.
- Many diplomats and their dependents can adjust their status within the U.S. — but they must formally waive diplomatic immunity by filing the appropriate forms.
- Children born in the U.S. to certain diplomats do not automatically acquire citizenship, so it’s essential to plan ahead if you want to secure permanent status for your family.
- Immigration options for diplomats are highly unique. Always consult an experienced immigration attorney who understands the additional steps involved and can help you avoid costly mistakes.
Final Thoughts
Navigating immigration as a diplomat can feel complicated, but you are not alone. If you think you may qualify for asylum or adjustment of status, get proper legal guidance and prepare your documentation carefully. Giving up diplomatic immunity is a big step, but for many families, it’s the key to building a secure future in the United States.
If you have questions about your specific situation, reach out to an immigration law professional who can help you make the best possible decision for you and your family.
Need help with your diplomatic immigration case? Contact our office today to schedule a consultation and learn your options.
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