Chapter 2 - USCIS Preparation of Statelessness Reports

A. Overview

A stateless person is generally not considered a national by any state under the operation of its laws.^[1] In simple terms, this means that a stateless person does not have a nationality^[2] of any country.

USCIS may generally consider a person to be stateless for purposes of considering immigration benefits or other requests when the available evidence^[3] indicates that the person is not a national of any country under the operation of its law.

While being stateless does not in itself establish eligibility for any immigration benefit, an applicant’s statelessness may be relevant in determining eligibility for a variety of immigration benefits or may be considered a factor in the exercise of discretion. In order to address this factor, USCIS is establishing procedures to analyze whether a noncitizen may be considered stateless for immigration purposes. These procedures include the examination of evidence and the production of an advisory report that provides the adjudicating officer with information about the noncitizen’s potential statelessness.

The information contained in a report does not, however, compel the officer to take any specific course of action. It merely provides streamlined information about this often complex issue that may help the officer determine whether a noncitizen may be considered stateless for immigration purposes, which may be relevant to eligibility or the exercise of discretion for purposes of the immigration benefit or action being sought.

This process also assists DHS in better identifying the number of stateless persons living in the United States and better understand the barriers stateless individuals may face in obtaining immigration relief or benefits.

USCIS is centralizing this consideration of statelessness to promote efficiency and effective use of agency resources. Through centralization, USCIS can:

• Provide specialized training to promote consistency in analyzing statelessness;
• Inform officers of the circumstances where statelessness may arise in immigration adjudications; and
• Reduce the impact of potentially burdensome research and analysis on this often complex issue for officers who are adjudicating the various immigration benefit requests or actions to which statelessness may be relevant.

B. Process for Examining Statelessness

In the interest of ensuring consistent and accurate reports of statelessness, USCIS is dedicating specialized resources to examine whether a person may be stateless. Taking into account the evidentiary issues and complex questions of foreign law and practices involved in analyzing issues of statelessness, USCIS examines individual cases of potential statelessness and issues a report that the adjudicating officer may consider when adjudicating an immigration benefit request or deciding any other immigration request.

The officer may consider this report in situations where statelessness may be relevant to determining eligibility or whether to exercise discretion for the immigration benefit or action being sought. Specific vulnerabilities or hardships that an applicant would face as a result of statelessness could be factors relevant to a favorable exercise of discretion for some benefits or other requests, as could the impracticability of removing a stateless applicant.

Where a noncitizen seeking an immigration benefit or action indicates they are stateless in their application, request, or during an interview,^[4] or where an adjudicating officer believes statelessness may be relevant in making a decision, the officer may, in their discretion, request a report to assist in determining whether to consider the noncitizen stateless for purposes of the immigration benefit or other request. Only a USCIS officer can request a report to address whether a noncitizen is stateless.

The report only addresses the issue of statelessness and does not mandate any factual findings or the issuance of a specific decision on the underlying immigration benefit or request. The adjudicating officer ultimately makes the final determination of eligibility for the benefit sought, including whether the evidence presented warrants a favorable exercise of discretion, if applicable.

Officers may only consider requesting a statelessness report where the noncitizen has a pending application, petition, or other request for action with USCIS.

Footnotes

[^ 1] See the USCIS Glossary webpage. See the U.S. Department of State’s Statelessness webpage (defining a stateless person as “someone who, under national laws, does not enjoy citizenship – the legal bond between a government and an individual – in any country”). See Article 1 of the 1954 Convention Relating to the Status of Stateless Persons (PDF) (describing a stateless person as someone who is “not considered as a national by any State under the operation of its law”).

[^ 2] See INA 101(a)(21) (defining “national”).

[^ 3] See Chapter 3, Individualized and Case-by-Case Consideration, Section A, Documentation and Evidence [3 USCIS-PM K.3(A)].

[^ 4] For example, noncitizens may indicate potential statelessness by writing “stateless” when asked about nationality on their relevant petition, application, or request.