PA-2023-21: Statelessness
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C. Continued Relevance of Statelessness Report
The advisory report may be considered in any other relevant adjudication in addition to the one for which it
was originally requested. 20 Equally, however, the officer adjudicating those applications is not bound by the
report and may also consider other information or evidence provided by the noncitizen. Nor is the report
binding on any other component of DHS charged with administering and enforcing the immigration laws,
including U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection.
The officer may also request an updated report under circumstances including, but not limited to:
•
Discovery of evidence that a noncitizen may be a national of a third country;
•
Information provided by the noncitizen about a change in nationality or circumstance;
•
Receipt of information that suggests the information provided in the request was fraudulent or
materially inconsistent;
•
Changes in country conditions information; and
•
Availability of primary or secondary evidence that was not available at the time of the prior report.
Chapter 4. Applicability of Statelessness in Adjudicative Review
Stateless persons are part of a vulnerable population and may encounter unique difficulties while applying
for immigration benefits. USCIS may consider statelessness, depending on the circumstances, as a favorable
factor in the exercise of discretion. It may also be a relevant factor in rendering a decision on various
immigration benefit requests or other actions including, but not limited to, deferred action, parole in place,
asylum and refugee status, U and T nonimmigrant statuses, and temporary protected status (TPS). Where a
noncitizen is stateless, it is the country of last habitual residence that must be considered in determining
eligibility for refugee status, asylum, 21 or TPS. 22
The officer may request a statelessness report during the adjudication of any relevant immigration
application, petition, or request or when considering any other action or request where information on
statelessness may be useful in determining identity or may serve as a factor in rendering a final decision.
A. Relevance to Deferred Action Requests
20
A past finding of statelessness may have relevance in certain limited circumstances, even if the applicant is no
longer stateless. For example, an asylum applicant’s past statelessness may be relevant to a determination of past
persecution in their country of last habitual residence. See INA 101(a)(42)(A).
21
This policy clarifies when USCIS generally considers a noncitizen to be stateless for purposes of an immigration
benefit or other request. Neither the agency’s internal process of considering statelessness, nor an adjudicator’s
decision that an applicant may be considered stateless for purposes of an immigration benefit or other request, create
any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its
agencies or officers or any other person.
22
See INA 101(a)(42)(A).