U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 U.S. Citizenship and Immigration Services August 1, 2023 PA-2023-21 Policy Alert SUBJECT: Statelessness Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address stateless noncitizens present in the United States. Background On December 15, 2021, DHS announced its commitment to adopt guidance on determining who may be considered stateless for immigration purposes and enhance protections for stateless noncitizens living in the United States. 1 DHS recognizes that a significant number of stateless noncitizens reside in the United States and may face serious challenges and obstacles because they have no officially recognized nationality. Stateless noncitizens often lack access to basic documentation, such as birth certificates, as well as documentation or evidence of their statelessness, and may have entered the United States while stateless or become stateless after arrival. 2 As part of fulfilling these commitments, USCIS is now issuing guidance to further clarify statelessness generally for immigration purposes. Through this Policy Manual guidance, USCIS is establishing a specialized internal process for examining statelessness generally. The internal process preserves officer discretion to determine: (1) whether a specific applicant or beneficiary is stateless; and (2) how statelessness may be relevant to eligibility or the exercise of discretion for purposes of the immigration benefit or action being sought. Upon an adjudicating officer’s request, USCIS will produce reports on statelessness to advise such officers of information pertinent to the benefit request being adjudicated. Officers may use these reports to assist them in making factual determinations regarding statelessness where it is relevant to the underlying immigration application, petition, or request. By issuing Policy Manual guidance on this topic, USCIS also aims to clarify some of the immigration benefits or requests that stateless individuals may be able to access, as well as the evidence that stateless individuals may provide to assist USCIS in determining whether they should be considered stateless for immigration purposes. Stateless noncitizens may be unaware of their potential eligibility See DHS News Release, DHS Announces Commitment to Enhance Protections for Stateless Individuals in the United States, issued December 15, 2021. 2 See DHS News Release, DHS Announces Commitment to Enhance Protections for Stateless Individuals in the United States, issued December 15, 2021. 1 To provide feedback on this update, email USCIS at policyfeedback@uscis.dhs.gov. www.uscis.gov