PA-2023-21: Statelessness
Page: 2
for certain immigration benefits or their ability to request consideration for certain other immigration
actions, including deferred action and parole in place, or of the potential relevance of statelessness to
such requests. As noted in the Policy Manual guidance, the reports on statelessness may be requested
at the discretion of a USCIS officer where the officer believes statelessness may be relevant to the
adjudication of an immigration benefit or consideration of a request for immigration action, such as
deferred action or parole in place.
Further, the new internal process articulated in the Policy Manual better facilitates USCIS’ ability to
gather more comprehensive data on the number of stateless noncitizens residing in the United States
to better understand barriers they may face in obtaining immigration relief or benefits. This
information allows USCIS to better assist this vulnerable population.
This guidance, contained in Volume 3 of the Policy Manual, is effective October 30, 2023, and
applies to applications, petitions, or requests pending on or filed on or after that date. The guidance
contained in the Policy Manual is controlling and supersedes any related prior guidance.
Policy Highlights
•
Clarifies what statelessness is generally for USCIS immigration purposes.
•
Explains the relevance of a determination that a noncitizen may be considered stateless for
immigration purposes to various immigration benefit requests or requests for action.
•
Clarifies the circumstances under which an adjudicating officer may request a report on
statelessness through the specialized internal process.
•
Explains how USCIS may analyze available documentation and other evidence for purposes of
producing reports, which may be used by officers adjudicating immigration benefit requests or
requests for action.
•
Describes examples of documentation and other evidence a noncitizen may provide USCIS to
support their claim of statelessness.
•
Provides examples of situations where an officer may request an updated report on
statelessness.
Summary of Changes
Affected Section: Volume 3, Humanitarian Protection and Parole
•
Adds new Part K (Statelessness).
USCIS may also make other minor technical, stylistic, and conforming changes consistent with this
update.
Citation
Volume 3: Humanitarian Protection and Parole, Part K, Statelessness [3 USCIS-PM K].