No. As derived from the 14th amendment of the U.S. Constitution, children of foreign diplomats are not under the jurisdiction of the United States law and, subsequently, are ineligible to be considered U.S. citizens at birth, according to the United States Citizenship and Immigration Services (USCIS).
Can a child of a diplomat be granted a green card?
USCIS allows children of diplomats to be considered permanent residents if born in the United States. The diplomats’ children can also receive a green card if they were born in the United States, if they have resided in the country continuously since their birth, and if they have not abandoned their residence in the United States.
How can someone know if he/she is considered the child of a diplomat?
To be considered the child of a diplomat the parent needs to be included in the State Department Diplomatic List, or Blue List, which the U.S. Department of State updates constantly.
Are the staff members who accompany diplomats included in the Blue List?
Yes. The Blue List includes the diplomatic staff members who accompany foreign diplomats and their spouses, according to the U.S. Department of State. Ministers, secretaries, counselors, and other diplomatic staffers are a part of the list, as disclose by the U.S. Department of State.
Can members of the Blue List be held accountable for their actions under U.S. Law?
As set forth by the Vienna Convention on Diplomatic Relations, the diplomats, their spouses and children are not under the criminal, civil and administrative jurisdiction of the United States.
Nevertheless, blue list members are hold accountable under law for cases of ownership of private property, for people who are heirs or successors of diplomatic positions—and become private people—, and for cases when the member is involved in any commercial activity, outside of his/her official functions.