PA-2023-21: Statelessness
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procedures include the examination of evidence and the production of an advisory report that provides the
adjudicating officer with information about the noncitizen’s potential statelessness.
The information contained in a report does not, however, compel the officer to take any specific course of
action. It merely provides streamlined information about this often complex issue that may help the officer
determine whether a noncitizen may be considered stateless for immigration purposes, which may be
relevant to eligibility or the exercise of discretion for purposes of the immigration benefit or action being
sought.
This process also assists DHS in better identifying the number of stateless persons living in the United
States and better understand the barriers stateless individuals may face in obtaining immigration relief or
benefits.
USCIS is centralizing this consideration of statelessness to promote efficiency and effective use of agency
resources. Through centralization, USCIS can:
•
Provide specialized training to promote consistency in analyzing statelessness;
•
Inform officers of the circumstances where statelessness may arise in immigration adjudications;
and
•
Reduce the impact of potentially burdensome research and analysis on this often complex issue for
officers who are adjudicating the various immigration benefit requests or actions to which
statelessness may be relevant.
B. Process for Examining Statelessness
In the interest of ensuring consistent and accurate reports of statelessness, USCIS is dedicating specialized
resources to examine whether a person may be stateless. Taking into account the evidentiary issues and
complex questions of foreign law and practices involved in analyzing issues of statelessness, USCIS
examines individual cases of potential statelessness and issues a report that the adjudicating officer may
consider when adjudicating an immigration benefit request or deciding any other immigration request.
The officer may consider this report in situations where statelessness may be relevant to determining
eligibility or whether to exercise discretion for the immigration benefit or action being sought. Specific
vulnerabilities or hardships that an applicant would face as a result of statelessness could be factors
relevant to a favorable exercise of discretion for some benefits or other requests, as could the
impracticability of removing a stateless applicant.
Where a noncitizen seeking an immigration benefit or action indicates they are stateless in their
application, request, or during an interview, 15 or where an adjudicating officer believes statelessness may
be relevant in making a decision, the officer may, in their discretion, request a report to assist in
determining whether to consider the noncitizen stateless for purposes of the immigration benefit or other
request. Only a USCIS officer can request a report to address whether a noncitizen is stateless.
For example, noncitizens may indicate potential statelessness by writing “stateless” when asked about nationality
on their relevant petition, application, or request.
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