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Documents regarding applications to acquire nationality or obtain proof of nationality;
Certificate of naturalization;
Certificate of renunciation of nationality;
Previous responses by States to enquiries on the nationality of the applicant;
Marriage certificates;
Military service records/discharge certificates;
School certificates;
Medical certificates/records (e.g., attestations issued from hospital upon birth, vaccination booklets);
Identity and travel documents of parents, spouse, and children;
Immigration documents, such as residence permits of country(ies) of habitual residence;
Other documents pertaining to countries of residence (e.g., employment documents, property deeds,
tenancy agreements, school records, baptismal certificates); and
Record of sworn oral testimony of neighbors and community members.
D. UNHCR and Statelessness Determinations in the United States
The protection of stateless persons is within UNHCR’s mandate. In this regard, UNHCR can perform a
statelessness determination when a State does not have a mechanism for making a statelessness
determination itself. Currently, the United States has no formal mechanisms to determine an individual’s
status as a stateless person. As such, UNHCR can, under certain circumstances, conduct statelessness status
determinations in the United States.44
Practice Point
UNHCR’s Regional Office for the United States of America and the Caribbean will consider requests to
conduct statelessness status determinations on a case-by-case basis. The request should clearly articulate
an assessment of the individual’s claim of statelessness and provide legal and evidentiary support for that
finding. In addition, these requests should address any complex legal or factual aspects of the case and
how a UNHCR status determination is uniquely likely to resolve these; the impact that a UNHCR
determination will have on the outcome of the individual’s case; and any unique and compelling
circumstances of the individual. Please direct all queries/requests to the following:
UNHCR Regional Office for the U.S.A. and the Caribbean, ATTN: U.S. Protection Unit
1800 Massachusetts Ave. NW, Suite 500, Washington, DC 20036
202-296-5191, usawainq@unhcr.org
While statelessness determinations issued by UNHCR are not legally binding in the U.S. context, they can
assist a lawyer in proving that an individual is stateless. Absent an official government, UNHCR represents
an independent and authoritative position on the matter. In addition, a stateless status determination from
UNHCR may help in explaining what statelessness is, the circumstances underlying their client’s lack of
nationality, and the possible consequences of being stateless.
At present, few UNHCR statelessness determinations have been used before U.S. immigration authorities or
U.S. courts. Therefore, how they may impact a case is a question ripe with opportunity for lawyers
These circumstances may include, but are not limited to, the following: cases presenting an immediate risk of refoulement, cases of
prolonged detention, cases presenting uniquely complex legal or factual issues, and/or cases where a UNHCR statelessness status
determination is essential to resolve extreme hardship, such as the individual’s ability to access services or reunite with family.
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