Chapter 3 - Individualized and Case-by-Case Consideration

Through this specialized internal process, USCIS examines evidence such as documentation, relevant country conditions information, and foreign law. Research may also be conducted on any of these topics, including citizenship laws affecting the noncitizen, as needed. Reports are then provided to the adjudicating officer for requested cases. The report addresses whether the evidence supports a factual finding that the noncitizen is stateless for purposes of the immigration benefit or other request.

A. Documentation and Evidence

1. Standard of Proof: Preponderance of the Evidence

As with any factual determination, USCIS determines whether a noncitizen may be considered stateless for immigration purposes by the preponderance of the evidence standard.^[1] USCIS may consider any credible evidence that can assist in determining the noncitizen’s country of origin and may attempt to corroborate the noncitizen’s testimony and any documentary evidence submitted.

2. Country Conditions Information

USCIS may consider any relevant country conditions information or foreign law in determining whether the noncitizen may be considered stateless for immigration purposes. This includes whether the noncitizen’s country of origin has a pattern or practice of denying nationality to certain individuals under the operation or effect of its nationality laws or practices. USCIS may conduct its own research to consider country condition information and may contact the U.S. Department of State as appropriate. USCIS may also review any country conditions information submitted by the noncitizen. 

3. Written Statement or Testimony from the Noncitizen

Noncitizens may submit a written statement when filing their application, petition, or other request, that identifies their country of origin and country of last habitual residence and explains the circumstances which are relevant to their potential statelessness. Some common circumstances resulting in statelessness include laws restricting acquisition of citizenship or restricting the rights of women to pass on their nationality to their children, lack of birth registration and birth certificates, birth to stateless parents, or political change and transfer of territory among states. While USCIS may consider any written statement, statements that are confirmed by oath or affirmation generally carry more weight. USCIS may also issue Requests for Evidence and inquire about information relating to these issues during an interview.

4. Additional Evidence

Noncitizens may submit additional evidence when filing their application, petition, or other request, to corroborate their written statements to identify the circumstances that are relevant to the USCIS officer’s examination of statelessness. Primary evidence includes birth certificates, marriage certificates, school records, official travel documents, official residency documents, court documents, medical reports, vaccination records, police reports, and other official documents.^[2]

USCIS recognizes that stateless noncitizens may have difficulty obtaining primary evidence; therefore, USCIS may also consider secondary evidence, such as employment records, property records, or birth or baptismal records maintained by religious or faith-based organizations.^[3] This may also include affidavits submitted by third parties which corroborate the noncitizen’s written statements. Noncitizens may, but are not required to, provide affidavits from more than one person.

USCIS may conduct its own inquiries with the noncitizen’s country of origin while adhering to policy and confidentiality requirements. USCIS may also consult with sources such as the U.S. Department of State or the Law Library of Congress to determine whether the government of the noncitizen’s country of origin can verify whether the noncitizen is a national of that country.

While not required for issuance of an internal USCIS report, USCIS may also accept timely-received additional evidence from international organizations, such as the United Nations High Commissioner for Refugees, the International Organization for Migration, and the International Committee of the Red Cross, which have mandated roles with respect to various aspects of statelessness.

B. Findings

USCIS reviews and analyzes the evidence related to whether the noncitizen may or may not be stateless for purposes of immigration benefits or other requests and drafts an internal report. The noncitizen cannot appeal or otherwise challenge the report because it does not represent an adjudicative decision. Rather, the internal process simply examines the relevant evidence and provides a report relevant to whether the noncitizen should or should not generally be considered stateless for immigration purposes.

Following consideration of the report, the officer may make a factual determination relating to statelessness and may memorialize those findings in a Memo to File or in the decision on the underlying application, petition, or requested action. The officer also makes the decision on the underlying application, petition, or requested action, taking into account the applicability of their statelessness finding. While the noncitizen cannot appeal or challenge the report analyzing statelessness, the noncitizen may file a motion or appeal, when permissible under applicable standards, to challenge an unfavorable decision on the underlying benefit or other request, or request to inspect the record of proceedings pursuant to 8 CFR 103.2(b)(16).^[4]

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.^[5] 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.

Footnotes

[^ 1] See Volume 1, General Policies and Procedures, Part E, Adjudications, Chapter 4, Burdens and Standards of Proof, Section B, Standards of Proof [1 USCIS-PM E.4(B)].

[^ 2] See Volume 1, General Policies and Procedures, Part E, Adjudications, Chapter 6, Evidence, Section B, Primary and Secondary Evidence [1 USCIS-PM E.6(B)].

[^ 3] See Volume 1, General Policies and Procedures, Part E, Adjudications, Chapter 6, Evidence, Section B, Primary and Secondary Evidence [1 USCIS-PM E.6(B)].

[^ 4] See 8 CFR 103.3 and 8 CFR 103.5. See the instructions for Notice of Appeal or Motion (Form I-290B).

[^ 5] 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).