A-2 Visa to Green Card: Section 13, Employment, and Family Routes

Moving from an A-2 diplomatic visa to a green card is possible, but the path is narrower than for most nonimmigrants because diplomatic status carries legal privileges that are incompatible with permanent residency. Before any route opens, you have to formally waive diplomatic immunity and coordinate the change with both USCIS and the Department of State. After that, three routes are available: Section 13, a provision written specifically for former diplomats and capped at 50 green cards per fiscal year; standard employment-based sponsorship; or a family-based petition through a qualifying U.S. relative.

Waiving Diplomatic Immunity First

Foreign government officials in A, G, and NATO classifications are exempt from U.S. jurisdiction in significant ways, including exemption from U.S. income tax on salaries paid by their foreign governments. Permanent residency subjects you to the full scope of U.S. law, so those privileges have to go before USCIS will process an adjustment application.

Two forms handle the transition. Form I-508, Request for Waiver of Certain Rights, Privileges, Exemptions and Immunities, surrenders your tax exemption on foreign government salary and places you under full U.S. civil and criminal jurisdiction.¹ Form I-566, Interagency Record of Request, is filed through your diplomatic mission or international organization and serves as the coordination record between USCIS and the State Department.² USCIS policy requires both forms from anyone in A, G, or NATO status who is adjusting to permanent residency.³

Section 13: The Route Written for Former Diplomats

Section 13 of the Act of September 11, 1957 lets certain people who entered in A-1, A-2, G-1, or G-2 status apply for a green card when they have compelling reasons to remain in the United States. It is the only adjustment pathway designed for people with diplomatic backgrounds, and it is tightly restricted: no more than 50 people can receive green cards through Section 13 in any fiscal year.⁴

Who Qualifies

To use Section 13, you must have originally entered in A-1, A-2, G-1, or G-2 status and no longer be maintaining that status when you file. Your role must have involved diplomatic or semi-diplomatic duties, not custodial, clerical, or menial work. You must show compelling reasons why you or your immediate family cannot return to the country that accredited you. Your adjustment must be in the national interest and not contrary to national welfare, safety, or security. You must be a person of good moral character and otherwise admissible for permanent residence.⁵

What Counts as Compelling Reasons

USCIS does not publish a list. The standard is deliberately flexible and evaluated case by case. Applicants have historically pointed to political upheaval at home, persecution based on political opinion or identity, or a change in government that would put them in danger. You can submit affidavits and other supporting evidence, and you will be asked to give a sworn statement at your interview. Approval is discretionary, so meeting every technical requirement does not guarantee a green card.⁵

How You File

You file Form I-485 together with the I-508 and I-566, plus evidence of your original A or G admission. The application goes to the USCIS director with jurisdiction over your place of residence.⁶ Because of the 50-per-year cap, backlogs are possible.

Employment-Based Green Cards

If Section 13 is not available, the standard employment-based categories work the same way for you as for any other foreign national once the diplomatic waiver is in place. The process usually starts with a U.S. employer filing Form I-140, Immigrant Petition for Alien Workers.⁷

EB-1 covers individuals with extraordinary ability, outstanding professors and researchers, and multinational managers and executives. No labor certification is required.
EB-2 covers professionals with advanced degrees or exceptional ability. A PERM labor certification from the Department of Labor is normally required, but the EB-2 National Interest Waiver lets you self-petition without an employer or labor certification.
EB-3 covers skilled workers and professionals with bachelor’s degrees. A labor certification is required.

PERM requires the employer to show that no qualified U.S. worker is available for the position.⁸ After the I-140 is approved, you wait for a visa number to become current based on your priority date, then file the I-485.

Family-Based Green Cards

You can also adjust through a qualifying family relationship with a U.S. citizen or lawful permanent resident. The sponsoring relative files Form I-130, Petition for Alien Relative, to establish the relationship.⁹

Speed depends on the relationship. Immediate relatives of U.S. citizens — spouses, unmarried children under 21, and parents — always have a visa number available and face no annual cap. Every other family category falls into a preference tier with numerical limits, and wait times turn on the visa bulletin and the applicant’s country of birth. This includes married children and siblings of U.S. citizens and relatives of permanent residents. The I-508 waiver and I-566 filing still have to happen before USCIS will process the adjustment.

The Unauthorized Employment Trap

Any unauthorized work during your time in the United States can permanently bar you from adjusting status inside the country. The bar applies not just to work after your most recent entry but to any prior period of unauthorized employment, and leaving and reentering does not fix it.¹⁰

Some applicants are exempt. Immediate relatives of U.S. citizens, VAWA applicants, certain G-4 international organization employees, and special immigrant juveniles do not face this bar. Employment-based applicants may qualify for an exemption under INA 245(k) in limited circumstances.¹⁰ If you are between diplomatic assignments and thinking about any paid work, get legal advice before you accept it. The consequences are not a delay. They can end your green card eligibility.

Tax Consequences You Should Know About

Filing the I-508 means giving up the exemption that shielded your foreign government salary from U.S. income tax. Once the waiver takes effect, you owe U.S. tax obligations like any other resident.¹ If Social Security and Medicare exemptions applied to you, those end too. Talk to a tax professional who has handled diplomatic transitions before you sign the I-508. The first tax bill can be a shock.

Filing the I-485

Every path ends at Form I-485, Application to Register Permanent Residence or Adjust Status. You can file after the underlying petition (I-130, I-140, or Section 13 application) is approved, and in some cases concurrently.¹¹

Your package should include Form I-693, the medical examination completed by a USCIS-designated civil surgeon (typically $100 to $650 depending on location), the I-508 waiver, the I-566 filed through your mission, evidence of your original admission in A-2 status, and two passport-style photographs.¹¹

Many applicants also file Form I-765 for employment authorization and Form I-131 for advance parole alongside the I-485, which let you work and travel while the application is pending.¹² Advance parole matters especially for former A-2 holders with family abroad, because leaving the country without it can jeopardize a pending application. USCIS will schedule biometrics for fingerprints and background checks, and an in-person interview often follows, particularly in Section 13 cases where the sworn statement on compelling reasons is required.

1
U.S. Citizenship and Immigration Services. I-508, Request for Waiver of Certain Rights, Privileges, Exemptions and Immunities
2
U.S. Citizenship and Immigration Services. I-566, Interagency Record of Request
3
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 7, Part A, Chapter 2 – Eligibility Requirements
4
GovInfo. Public Law 85-316, September 11, 1957 – Section 13
5
U.S. Citizenship and Immigration Services. Section 13 (Diplomat)
6
eCFR. 8 CFR 1245.3 – Adjustment of Status Under Section 13 of the Act of September 11, 1957, as Amended
7
U.S. Citizenship and Immigration Services. I-140, Immigrant Petition for Alien Workers
8
eCFR. 8 CFR 204.5 – Petitions for Employment-Based Immigrants
9
U.S. Citizenship and Immigration Services. I-130, Petition for Alien Relative
10
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 7, Part B, Chapter 6 – Unauthorized Employment
11
U.S. Citizenship and Immigration Services. I-485, Application to Register Permanent Residence or Adjust Status
12
U.S. Citizenship and Immigration Services. Adjustment of Status