DHS had announced on December 15, 2021 its commitment to pursuing initiatives to enhance recognition of, and protections for, vulnerable populations that include stateless individuals within the United States. There are a significant number of stateless noncitizens residing in the United States who confront serious challenges and obstacles as they have no officially recognized nationality and often lack access to basic documentation, such as birth certificates and other documentation as evidence of their statelessness. Some or many of them enter the United States in a state of statelessness or they become stateless after arrival.
USCIS has now taken an important step by issuing guidance to clarify statelessness generally for immigration purposes. Through this Policy Manual guidance, USCIS is establishing a specialized internal process for examining statelessness generally to determine whether a specific person is stateless; and how that statelessness may be relevant to eligibility or the exercise of discretion for purposes of the immigration benefit. Adjudicating Officers may use the reports generated by USCIS to assist them in making factual determinations regarding statelessness where it is relevant to the underlying immigration application, petition, or request. This is a great step ahead in the United States recognizing that a significant number of stateless individuals reside in the United States and that such individuals face a myriad of serious challenges and obstacles, such as a lack of identity documents. This will help such stateless individuals cross barriers to accessing their legally entitled immigration benefits.
Vijay Bhagwati, Esq.
Founder and Managing Partner
