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U.S. Department of Justice

Executive Office for Immigration Review


Office of the Director

5107 Leesburg Pike, Suite 2400

Falls Church, Virginia 22041



Contact: Public Affairs

(703) 305-0289, Fax: (703) 605-0365




EOIR and INS Lift Conditional Status for Certain Fiscal Year 1999

Asylum Grants Based on Coercive Population Control Policies


Law Limits Asylum in Such Cases to 1,000 Applicants in Each Fiscal Year


The Executive Office for Immigration Review (EOIR) recently sent notices to aliens in the United States who had been granted asylum conditionally from October 1, 1998, to March 18, 1999, based on their persecution or fear of persecution related to coercive population control in their countries of origin. The notices informed those aliens that they were now fully eligible for all asylum benefits.


Asylum is granted on a conditional basis by Immigration Judges and by the Board of Immigration Appeals in EOIR, or by Asylum Officers in the Immigration and Naturalization Service (INS), because the law specifically limits to 1,000 per fiscal year the number of applicants who can receive asylum on grounds related to coercive population control. After the cases are completed, EOIR and INS arrange all conditional asylum grants chronologically, then convert no more than 1,000 to outright grants for any fiscal-year period and notify the grantees.


Any alien who was granted conditional asylum on or before March 18, 1999, by EOIR but who has not received a notice advising that a number is available may check on the status of his or her asylum grant by promptly sending a letter with a copy of the order granting conditional asylum to the office with jurisdiction over the case. The addresses are listed below:


Conditional Grant issued by an Immigration Judge:


The Office of the Chief Immigration Judge

Attn: Mark Pasierb

5107 Leesburg Pike, Suite 2500

Falls Church, VA 22041 Phone: 703-305-1247



Conditional Grant issued by the Board of Immigration Appeals:


Board of Immigration Appeals

The Clerk's Office

Post Office Box 8530

5201 Leesburg Pike, Suite 1300

Falls Church, Virginia 22041 Phone: 703-605-1007


Grants by INS Asylum Officers


The INS Asylum Offices are in the process of removing the conditional grant status and sending out notification letters to certain aliens granted conditional asylum status by the INS during fiscal year 1999. Aliens who received a recommended approval from the INS from October 1, 1998 through March 18, 1999, will receive a notice of a final grant of asylum from an INS asylum office at this time.


The INS granted conditional asylum status to aliens only after completion of all required background investigations, such as fingerprint checks by the Federal Bureau of Investigation (FBI). If an alien was found eligible for asylum based on persecution or fear of persecution on account of opposition to coercive population control practices, the INS issued the alien a recommended approval pursuant to regular INS asylum procedures, pending completion of the required background investigation.


Once the INS received results from the background investigation, the INS would convert the recommended approval to a conditional grant of asylum, pending release of the numbers for fiscal year 1999. Therefore, an alien who was given notification of a recommended asylum approval in fiscal year 1999 may not have been granted conditional asylum in fiscal year 1999, if the results of the background security check were not received on or before September 30, 1999.


Any inquiries regarding removal of the conditional asylum status granted by an INS Asylum Office should be directed to the Asylum Office that issued the recommended approval.




- EOIR -