PA-2023-21: Statelessness Page: 4 This policy is effective on October 30, 2023, and will be incorporated into the Policy Manual accordingly. USCIS Policy Manual, Volume 3: Humanitarian Protection and Parole Part K – Statelessness Chapter 1. Purpose and Background A. Purpose Under recognized principles of international law, countries have jurisdiction to determine which persons are considered to hold nationality or citizenship of that particular country. Nationality, or the lack of an officially recognized nationality, is a relevant factor in many USCIS adjudications. Stateless persons, like any other noncitizens, may pursue a variety of immigration benefits or actions with USCIS. During the course of adjudicating an immigration benefit or reviewing an immigration request, USCIS may determine that a noncitizen is stateless, and may consider statelessness as a factor in determining whether a noncitizen has met eligibility requirements, 1 or merits a favorable exercise of discretion for an immigration benefit or other action. A USCIS officer may request an internal report to analyze whether the evidence provided by the noncitizen and available information about country conditions or foreign law suggests that the noncitizen is stateless for immigration purposes. The report does not constitute a determination of eligibility for any immigration benefit or request. Rather, the report is intended to assist the officer to understand the circumstances surrounding the noncitizen’s nationality (or lack of nationality), which may be a relevant factor in the underlying adjudication. B. Background DHS Commitment on Statelessness On December 15, 2021, DHS announced its commitment to adopt a definition of statelessness for immigration purposes and enhance protections for stateless noncitizens living in the United States. 2 DHS recognizes that a significant number of stateless noncitizens reside in the United States and may face serious challenges and obstacles because they have no officially recognized nationality. 3 They often lack access to basic documentation, such as birth certificates, as well as documentation or evidence of their statelessness. A noncitizen who does not possess a birth certificate for themselves or for their children may not be able to: obtain legal identity documents; secure an immigration status to apply for U.S. permanent residence or naturalization; or access employment, travel, or government services. 4 USCIS has the general authority to administer the Immigration and Nationality Act (INA), including the authority to take and consider evidence on any matter material and relevant to administration of the INA. See INA 103(a). 2 See DHS News Release, DHS Announces Commitment to Enhance Protections for Stateless Individuals in the United States, issued December 15, 2021. 3 See DHS News Release, DHS Announces Commitment to Enhance Protections for Stateless Individuals in the United States, issued December 15, 2021. 4 See the United Nations High Commissioner for Refugees and Open Society Justice Initiative’s report, Citizens of Nowhere: Solutions for the Stateless in the U.S. (2012). 1