PA-2023-21: Statelessness Page: 8 The report only addresses the issue of statelessness and does not mandate any factual findings or the issuance of a specific decision on the underlying immigration benefit or request. The adjudicating officer ultimately makes the final determination of eligibility for the benefit sought, including whether the evidence presented warrants a favorable exercise of discretion, if applicable. Officers may only consider requesting a statelessness report where the noncitizen has a pending application, petition, or other request for action with USCIS. Chapter 3. Individualized and Case-by-Case Consideration Through this specialized internal process, USCIS examines evidence such as documentation, relevant country conditions information, and foreign law. Research may also be conducted on any of these topics, including citizenship laws affecting the noncitizen, as needed. Reports are then provided to the adjudicating officer for requested cases. The report addresses whether the evidence supports a factual finding that the noncitizen is stateless for purposes of the immigration benefit or other request. A. Documentation and Evidence 1. Standard of Proof: Preponderance of the Evidence As with any factual determination, USCIS determines whether a noncitizen may be considered stateless for immigration purposes by the preponderance of the evidence standard. 16 USCIS may consider any credible evidence that can assist in determining the noncitizen’s country of origin and may attempt to corroborate the noncitizen’s testimony and any documentary evidence submitted. 2. Country Conditions Information USCIS may consider any relevant country conditions information or foreign law in determining whether the noncitizen may be considered stateless for immigration purposes. This includes whether the noncitizen’s country of origin has a pattern or practice of denying nationality to certain individuals under the operation or effect of its nationality laws or practices. USCIS may conduct its own research to consider country condition information and may contact the U.S. Department of State as appropriate. USCIS may also review any country conditions information submitted by the noncitizen. 3. Written Statement or Testimony from the Noncitizen Noncitizens may submit a written statement when filing their application, petition, or other request, that identifies their country of origin and country of last habitual residence and explains the circumstances which are relevant to their potential statelessness. Some common circumstances resulting in statelessness include laws restricting acquisition of citizenship or restricting the rights of women to pass on their nationality to their children, lack of birth registration and birth certificates, birth to stateless parents, or political change and transfer of territory among states. While USCIS may consider any written statement, statements that are confirmed by oath or affirmation generally carry more weight. USCIS may also issue Requests for Evidence and inquire about information relating to these issues during an interview. See Volume 1, General Policies and Procedures, Part E, Adjudications, Chapter 4, Burdens and Standards of Proof, Section B, Standards of Proof [1 USCIS-PM E.4(B)]. 16