Statelessness

Deferred action

Deferred action is an exercise of prosecutorial discretion, made on a case-by-case basis by USCIS, not to pursue the removal of a noncitizen from the United States. Deferred action is not a lawful immigration status, and it does not excuse any past periods of unlawful presence.

To request deferred action, you must submit:

• A signed written request stating the basis for your deferred action request; and
• Form G-325A, Biographic Information (for Deferred Action). Provide the name of the country where you are a citizen or national. This is not necessarily the country where you were born. If you believe that you do not have citizenship in any country, type or print “stateless.”

You may also submit:

• Proof of identity, including a birth certificate, a passport or identification card, driver’s license, notarized affidavits, school or medical records, etc. If you are currently married, submit a copy of the marriage certificate;
• Documents or other evidence that may be relevant to determining whether you are stateless, if you would like USCIS to consider your potential statelessness in the adjudication of your deferred action request, such as a written statement that identifies your country of origin and country of last habitual residence and explains the circumstances related to your potential statelessness;
• Evidence of any additional factors supporting a decision to grant deferred action; and
• If applicable, any document you used to lawfully enter the United States.

Effective Nov.13, 2023, submit these items to:

USCIS Western Forms Center
Attn: Deferred Action
10 Application Way
Montclair, CA 91763-1350

Employment authorization after a grant of deferred action

If we approve your request for deferred action, you may file Form I-765, Application for Employment Authorization, to request employment authorization. In general, we only provide employment authorization to noncitizens granted deferred action at our discretion, and only if an applicant “establishes economic necessity for employment.”

• File Form I-765 to request employment authorization;
• In Part 2, Question 27, mark (c)(14) as your eligibility category; and
• File at the appropriate location listed on the Direct Filing Addresses for Form I-765, Application for Employment Authorization webpage, with the applicable filing fee listed in the Fee Schedule (Form G-1055) and a completed Form I-765WS. 

Parole in place

We may grant parole in place on a case-by-case basis for urgent humanitarian reasons or significant public benefit under section 212(d)(5)(A) of the Immigration and Nationality Act. You may be eligible for parole in place in 1-year increments.

We can only grant parole in place if you are present in the United States without admission and are an applicant for admission. If you were admitted to the United States lawfully but are present in the United States beyond the period of stay authorized, you are not eligible for parole in place because you are not an applicant for admission. However, you may qualify for deferred action. See the Deferred Action section above for more information.

You may also submit:

• Documents or other evidence that may be relevant to determining whether you are stateless, if you would like us to consider your potential statelessness when we adjudicate your parole in place application, such as a written statement that identifies your country of origin and country of last habitual residence and explains the circumstances related to your potential statelessness;
• Evidence of any additional factors supporting a decision to grant parole in place; and
• Any available primary or secondary proof of identity and nationality, including, but not limited to:
  • Birth certificate;
  • Passport or identification card;
  • Notarized affidavits (See 8 CFR 103.2);
  • School or medical records; and
  • 2 identical, color, passport-style photographs

If you are a member of the military or enlistee, please follow the instructions at the Discretionary Options for Military Members, Enlistees and Their Families webpage.

Asylum

USCIS may grant asylum to noncitizens who have been persecuted or fear they will be persecuted on account of race, religion, nationality, membership in a particular social group, or political opinion and are otherwise eligible to apply for and receive a grant of asylum.

Asylum is a form of protection that may be available to noncitizens who meet the definition of a “refugee” and either are already in the United States or are seeking admission at a port of entry. For more information on asylum status, please visit the USCIS Asylum webpage.

To request asylum, you must file Form I-589, Application for Asylum and for Withholding of Removal, either on paper or online. Most applicants who are currently in proceedings with the Department of Justice Executive Office for Immigration Review may not file for asylum with USCIS. Certain applicants may not be eligible to file for asylum online and must submit a paper application. Please see the Where to File instructions before you file for asylum with USCIS.

• If you do not currently have citizenship in any country, type or print “stateless” in the box for Question 14, Present Nationality (Citizenship) on Form I-589. If you did not have citizenship in any country at birth, type or print “stateless” in the box for Question 15, Nationality at Birth on Form I-589.
• Provide information about your statelessness in Parts B and C on Form I-589 as appropriate and relevant.  The USCIS Policy Manual identifies documents or other evidence regarding potential statelessness that may be helpful to submit, including (but not limited to) a written statement that identifies your country of origin and country of last habitual residence and explains the circumstances related to your potential statelessness.

Employment authorization after filing a complete asylum application

Noncitizens with a pending asylum application may apply for an Employment Authorization Document (EAD) 150 days after filing their asylum application.

Noncitizens who apply for an EAD may be eligible to receive an EAD 180 days after filing their asylum application.

• Use Form I-765 to request employment authorization; refer to the Asylum webpage for more information, including information about the effect of applicant-caused delays on your Form I-765 adjudication;
• In Part 2, Question 27, mark (c)(8) as your eligibility category; and
• File at the appropriate location listed on the Direct Filing Addresses for Form I-765, Application for Employment Authorization along with the applicable filing fee as provided in the Fee Schedule and a completed Form I-765WS.  

U or T Nonimmigrant Status

U nonimmigrant status is an immigration benefit available for victims of certain qualifying criminal activity who have suffered substantial mental or physical abuse, have been, are being, or are likely to be helpful to law enforcement or other certifying officials in the investigation or prosecution of the qualifying criminal activity, and meet other requirements.

U nonimmigrants can remain and work in the United States for up to 4 years, with extensions available in limited circumstances. They can also apply for certain family members to obtain derivative U nonimmigrant status and may be able to adjust status to lawful permanent residence (obtain a Green Card) after 3 years of continuous physical presence in the United States if they meet other requirements.

To learn more about U nonimmigrant visas, visit the Victims of Criminal Activity: U Nonimmigrant Status webpage. For information on updates to the U nonimmigration status program, visit the U Nonimmigrant Status Program Updates page.

T nonimmigrant status is an immigration benefit available for victims of a severe form of trafficking in persons who comply with any reasonable request for assistance from law enforcement in the detection, investigation, or prosecution of human trafficking (or qualify for an exemption or exception), and meet other requirements.

T nonimmigrants can remain and work in the United States for up to 4 years, with extensions available in limited circumstances. They can also apply for certain family members to obtain derivative T nonimmigrant status and may be able to adjust status to lawful permanent residence (obtain a Green Card) after 3 years of continuous physical presence in the United States (or after maintaining physical presence for a continuous period during the trafficking investigation or prosecution that the attorney general has determined is complete), if they meet other requirements.

To learn more about T nonimmigrant status, visit the Victims of Human Trafficking: T Nonimmigrant Status and  Questions and Answers: Victims of Human Trafficking, T Nonimmigrant Status webpages.

• If you would like USCIS to consider your potential statelessness when we adjudicate your petition for U nonimmigrant status application for T nonimmigrant status, provide documents or other evidence that may be related to determining whether you are stateless. The USCIS Policy Manual identifies documents that may be helpful to submit, including (but not limited to) a written statement that identifies your country of origin and country of last habitual residence and explains the circumstances related to your potential statelessness.
• If you are filing a principal or derivative application for T nonimmigrant status or a principal or derivative petition for U nonimmigrant status and you do not have citizenship in any country, type or print “stateless” in the relevant section of Form I-914, Form I-914A, Form I-918, or Form I-918A.

Temporary Protected Status (TPS)

The secretary of homeland security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country’s nationals from returning in safety or, in certain circumstances, when the country is unable to handle the return of its nationals adequately. A country may be designated for TPS due to an ongoing armed conflict, environmental disaster, epidemic, or other extraordinary and temporary conditions.

We may grant TPS to noncitizens who are already in the United States and are eligible nationals of a designated country (or part of a country), or to noncitizens having no nationality who last habitually resided in the designated foreign country. For information on countries currently designated for TPS, please visit the USCIS Temporary Protected Status webpage.

Employment authorization with TPS

Applicants for TPS may apply for an Employment Authorization Document (EAD) at the same time they apply for TPS, or they may choose to apply for an EAD separately later by filing Form I-765. TPS applicants may receive employment authorization before we make a final decision on their TPS application, if they demonstrate that they are prima facie eligible for TPS.

• Use Form I-765 to request an employment authorization document;
• In Part 2, Question 27, please type or print (a)(12) if you are requesting your first EAD or are re-registering for the first time, or (c)(19) if you have a pending TPS application and USCIS previously issued you a (c)(19) EAD as your eligibility category; and
• File at the appropriate location listed on the Direct Filing Addresses for Form I-765, Application for Employment Authorization webpage, along with the applicable filing fee and a completed Form I-765WS.