long-term permanent residency and disability or impairment.30 Many LPRs cannot meet these
requirements, or afford the $725 fee (which includes biometric screening). Like those seeking
LPR status, naturalization-eligible persons face significant and growing application processing
delays, an average of 10.2 months in FY 2018 (Boyd and Chen 2019).
Moreover, the current administration has issued a proposed rule that would increase the fees
for immigration petitions and applications, particularly for naturalization and in cases involving
adjustment to LPR status, and it has separately proceeded to make the fee waiver process more
restrictive and onerous. These measures would price out large numbers of immigrants from the
possibility of permanent residence and citizenship (Kerwin and Warren 2019b).
Refugees and asylees can adjust to LPR status a year after being resettled or after being granted
asylum.31 Thus, they potentially enjoy a faster path to LPR status and citizenship than most
immigrants. However, they may still be found inadmissible for committing a crime or for other
reasons,32 or they may not be able to satisfy the English language or other requirements to
naturalize.
Persons in removal proceedings can avail themselves of only very limited forms of relief from
removal available (Kerwin 2018). To qualify for one of the most common forms of relief,
cancellation of removal, non-LPRs must establish that: (1) they have lived continuously in the
United States for at least 10 years; (2) possess good moral character; (3) have not been convicted
of any of a laundry list of crimes; and (4) their removal would cause “exceptional and extremely
unusual hardship” to their US citizen or LPR spouse, parent or child.33 Even if a non-LPR can meet
these requirements, Immigration Judges can still exercise discretion to deny them relief.
In short, some stateless persons may not qualify for legal status or protection, including asylum
(Fullerton 2014). Stateless persons who enter the United States as refugees or non-immigrants
(for a fixed purpose and temporary period) may not be able to adjust to LPR status, or they
may qualify in categories so backlogged that they will not live long enough to receive a visa. Some
stateless LPRs may not be able to meet the criteria for citizenship. Others may be placed in removal
proceedings.
A small number of formerly stateless persons may have become US citizens, but then lost their
citizenship through denaturalization due to fraud or past errors in their immigration applications
(Robertson and Manta 2018). Denaturalization has become a far higher priority for the current,
than for past US administrations (Robertson and Manta 2019, 404).34
Some nations offer extensive consular services to their nationals in the United States, which can
include assistance in securing a passport, issuance of an identity card, birth registry (typically for
children of foreign nationals born in the United States), and extensive protection and integration
services. These services can help to establish a US resident’s nationality, but not to provide
nationality to those without it. To obtain a passport or identity card, foreign
30 INA § 312(b).
31 INA § 209(a)-(b).
32 Certain grounds of inadmissibility do not apply to refugees.
33 INA §240A(b)(1).
34 There may also be a handful of former US citizens who renounced their citizenship, failed to secure nationality in
another state, and live in the United States.
13
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