USCIS Pauses Annual Asylum Fee: What This Means for Your Case
Important Update for Asylum Applicants
USCIS has announced that the new Annual Asylum Fee (AAF)—a yearly charge planned for individuals with pending asylum applications—is temporarily on hold due to a federal court order. If you currently have a pending asylum case or recently received a notice about this fee, this update directly affects you.
Below, we break down what this pause means, why it happened, and what steps you should take next.
What Was the Annual Asylum Fee?
The Annual Asylum Fee was a new requirement that would have charged asylum applicants $100 per year for each year their Form I-589 (Application for Asylum and for Withholding of Removal) remained pending.
Key points about the original rule:
- It was meant to be charged once every calendar year.
- It applied to all pending asylum cases, regardless of how long they have been waiting.
- No fee waiver was available.
Why Is the Fee On Hold?
A federal court issued a temporary stay preventing USCIS from collecting or enforcing the annual asylum fee until the court reaches a final decision. In response, USCIS confirmed:
- They have stopped issuing Annual Asylum Fee notices.
- The fee cannot be collected at this time.
- The rule is paused, not cancelled.
This pause will remain in effect until the litigation is resolved.
What This Means If You Have a Pending Asylum Case
1. You do NOT need to pay the annual asylum fee right now.
USCIS is legally barred from collecting the fee during the pause.
2. If you received a notice requiring payment, you can ignore it for now.
USCIS has instructed applicants to disregard previous fee notices issued before the court order.
3. If you already paid the fee, USCIS will not issue refunds.
USCIS has made it clear that payments already made are non-refundable at this time. If you paid:
- Keep your receipt,
- Keep your payment confirmation,
- Keep any notice you received.
You may need these documents later.
4. This pause is temporary—not permanent.
The court has not struck down the rule. Depending on the outcome of the case, USCIS could resume collecting the fee in the future.
What You Should Do Now
✔️ Do NOT make any AAF payments unless instructed by your attorney.
✔️ Save all receipts and notices if you already paid.
✔️ Stay alert for updates from your legal team.
✔️ Inform your attorney if you receive any new notices from USCIS.
Brooks Law will monitor all changes closely and contact clients immediately if anything changes.
Frequently Asked Questions
Do I need to pay the annual fee right now?
No. The fee is paused and USCIS cannot collect it at this moment.
I already paid the fee. Can I get my money back?
No refunds are being issued at this time. Keep your documents.
Could the fee come back later?
Yes. This is only a temporary pause. The fee may return depending on the court’s final decision.
Does this affect my asylum interview or work permit?
The pause is specifically about the annual fee. It does not automatically change interview timelines, EAD processing, or other benefits.
Conclusion
The pause on the Annual Asylum Fee is an important change for many asylum applicants. While it removes the immediate financial pressure of the fee, the situation is still evolving. It’s important to stay informed and rely on professional guidance throughout your case.
At Brooks Law, we are committed to keeping our clients updated and protected. If you have questions about how this pause affects your asylum application, we are here to help.
Need Help Understanding Your Case?
If you received a notice, already paid the fee, or want to make sure your case is in good standing, contact us:
📩 help@brookslawfirm.com
💼 Or schedule a consultation directly with our team.
We’re here to guide you through every step of your immigration journey.
