Foreign nationals working in diplomatic roles or for international organizations often hold A or G visas, which grant them special rights and immunities under U.S. law. However, many such individuals may eventually wish to permanently reside in the United States. For them, the path to a U.S. green card involves special legal procedures.
This guide explains the eligibility, process, and legal considerations for foreign diplomats and G visa holders applying for green cards, including special provisions like Section 13 green cards.
A and G Visa Holders in the U.S.
Foreign diplomats accredited to embassies or consulates are issued A visas, while employees of international organizations such as the United Nations, World Bank, or IMF receive G visas. These visa holders enjoy:
- Immunity from certain U.S. taxes
- Diplomatic immunity from prosecution in many cases
- Residency without changing their non-immigrant status
However, obtaining a green card requires waiving diplomatic privileges and immunities.
Adjustment of Status for A and G Visa Holders
To apply for a green card, foreign nationals with A or G visas must submit the following:
- Form I-508: Request for Waiver of Certain Rights, Privileges, Exemptions and Immunities
- Form I-566: Interagency Record of Request (to change from A, G, or NATO status)
Once these forms are submitted, the green card application process continues similarly to other applicants. Importantly, resigning from your diplomatic or international job is not required during this process.
Section 13 Green Cards for Diplomats
Under Section 13 of the Immigration and Nationality Act, certain diplomats and international employees may apply for permanent residency under special conditions.
Eligibility Criteria for Section 13 Green Card
- Previously held A or G visa status
- Can no longer maintain diplomatic status
- Have a compelling reason for not returning to home country
- Are not inadmissible to the U.S.
- Possess good moral character
If qualified, you must file Form I-485 to adjust status under Section 13. Your spouse and dependent children can also qualify for derivative status. However, only 50 Section 13 green cards are issued per year, making it a highly selective route.
Section 13 vs Asylum
Section 13 may be a strategic alternative to asylum for former diplomats:
- Preferred for individuals facing risk after a regime change
- Easier documentation process compared to asylum
- Less reliance on persecution claims
However, if the applicant did not have substantial decision-making authority or lacks a strong justification for not returning, asylum may be the more appropriate legal path.
Special Green Cards for Long-Term G Visa Holders
Employees of international organizations who have lived in the U.S. long-term may qualify for a special immigrant green card through Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant).
Eligibility Requirements:
- At least 15 years of total residence in the U.S. during employment with an international organization
- Lived in the U.S. for at least half of the seven years preceding the green card application
- Application must be filed within six months of retirement
Spouses of such individuals and widows/widowers of deceased international organization employees may also qualify, if they apply within six months of the spouse’s death.
Green Cards for Children of International Organization Employees
Unmarried children under 25 may be eligible if:
- They lived in the U.S. for at least seven years on a G visa between ages 5 and 21
- They resided in the U.S. for at least half of the seven years prior to filing
This provides a path to permanent residency for children who grew up in the U.S. while their parents worked for qualifying international bodies.
Children of Foreign Diplomats Born in the U.S.
Children born in the U.S. to foreign diplomats on the “Blue List” (official diplomatic register) are not U.S. citizens by birth. However, they may obtain a green card through a process called “creation of record”, which confirms their lawful permanent resident status retroactively.
Conclusion
Green cards for diplomats and G visa holders are not impossible—but they require careful compliance with U.S. immigration laws and a waiver of diplomatic immunities. Whether through Section 13, Form I-360, or adjustment of status, these unique paths to permanent residence are tailored for those who have served foreign governments or global organizations while residing in the U.S.