There are many migrants in the country who are considered “stateless”. This is someone whom no State considers to be its national under its law. They generally lack passports and other identity documents, facing challenges in accessing basic services and, above all, regularizing their status.
But new changes in USCIS policy are making legal aid easier for this class of migrants. In today’s article we will see what they are about and how they have helped this important part of the migrant community in the United States. If you need legal assistance, you can contact us. Tell us about your case and let’s see together what is the legal remedy for you.
Table of Contents
Who are considered stateless?
There are certain indicators of statelessness. These are common features in this class of cases, including:
- Lack of birth certificates, travel documents and other identity documents.
- Birth in a country that no longer exists or a territory that is now claimed by a different state than at the time of birth.
- Possesses documentation from a government that refuses to recognize a person as its national.
Discretionary temporary relief for stateless persons
It is estimated that about 200,000 stateless persons in the United States cannot return to their home countries and cannot be deported. Until recently, the authorities did not offer immigration relief based on statelessness. However, in October 2023, USCIS amended its Policy Manual to consider stateless persons.
This provided them with discretionary temporary relief, including, among other remedies, deferred action and parole in place. These measures were in response to advocacy by United Stateless, a national organization led by stateless persons advocating for their human rights.
New opportunities for legal assistance
This new USCIS policy opens new avenues of relief for stateless migrants. These are temporary resources, but may be the first step towards legal status in the country. Some of the most important are:
- Consideration for Discretionary Temporary Relief: USCIS will consider stateless persons for discretionary temporary relief, such as deferred action and parole in place.
- Statutory forms of immigration relief: USCIS policy mentions statutory forms of immigration relief, including asylum, temporary protected status, and T and U visas.
- Process for determining statelessness: USCIS now has a process for determining whether a person is stateless.
- Issuance of identity documents: Deferred action can help stateless persons obtain government-issued identification.
- Job and family security: Deferred action provides job security and the peace of mind that stateless persons will not be separated from their families.
Thanks to new USCIS policies, stateless migrants can access all of these legal remedies. However, obtaining them is not easy, especially if you do not have certain documentation. Therefore, legal assistance is essential. At Jaskot Law we are here to help you. Contact us and get the advice you need.
USCIS Policy Limitations: Notable Exclusions
Although it represents an important aid to many stateless migrants, the USCIS policy has its limitations. It does not apply to noncitizens with final orders of removal or who are in removal proceedings. This means that only those stateless migrants who do not have removal proceedings can access them.
This implies an enormous limitation, since this is a sector that finds it very difficult to gain access to legal status. This is mainly due to the lack of documentation proving their identity and status. However, with legal assistance, it may be possible to defend against deportation. Talk to a lawyer and discuss your options.
Conclusion
The USCIS policy is indeed a great opportunity for stateless persons in the United States today. And, while these do not create a permanent form of immigration relief, they do provide an opportunity to regularize their status. In this sense, professional help in immigration processes is crucial. Regardless of their limitations, these legal remedies may be what you need to regularize your situation.
However, these are complex processes that require legal knowledge and vary from case to case. In this sense, professional help in immigration processes is crucial. Don’t risk your future by dealing with the system on your own. At Jaskot Law we are here to support you every step of the way. Contact us and get the legal assistance you need.
