DHS Issues Guidance for Stateless Noncitizens in the United States

On August 1, 2023, the Department of Homeland Security (DHS) issued new guidance to assist stateless noncitizens in the United States who wish to obtain immigration benefits or have submitted other requests to USCIS. Stateless individuals are individuals “who are not legally considered a citizen of any country, and therefore may be denied legal identity, and struggle to access education, healthcare, marriage, and job opportunities. Individuals can be born stateless or become stateless because of discrimination, war and conflict, or changing borders and laws.” DHS’s new guidance clarifies when and how USCIS may consider a noncitizen stateless for the purpose of adjudicating immigration benefits or other requests.

Pursuant to this guidance, USCIS will create and implement new procedures to assist USCIS officers when assessing an applicant or beneficiary’s potential statelessness.  Updates will include changes to existing training documents on statelessness, the development of new training procedures for officers, and standard operating procedures for officers when making requests for an internal assessment of potential statelessness where it may be relevant. USCIS personnel with specialized training will provide adjudicating officers with an advisory report clarifying how the officer might consider an individual's statelessness in making decisions about an individual's application or benefit request. This new guidance also provides examples of documentation or evidence that may guide or aid USCIS officers when determining whether noncitizens may be considered stateless for immigration application purposes.