Importance of the Annual Asylum Fee (AAF) When Case Is Pending
Importance of the Annual Asylum Fee (AAF) When Case Is Pending
On July 22, 2025, USCIS published a Federal Register notice implementing a filing fee for Form I-589, Application for Asylum and for Withholding of Removal, and an Annual Asylum Fee (AAF) to be paid each calendar year if application remains pending. On April 28, 2026, The Department of Homeland Security (DHS) announced an interim final rule, establishing strict penalties for non-payment of the Annual Asylum Fee (AAF)to be paid each calendar year an asylum application remains pending. Failure to pay the AAF fee within 30 days of receiving notice can lead to the immediate rejection of asylum application and also denial of work authorization application concurrently. Specifically, if an alien does not have legal status in the U.S., USCIS will also initiate the alien’s removal.
What will happen if AAF has not been paid?
If the required AAF has not been paid, starting on May 29, 2026, USCIS will reject pending Form I-589 asylum applications that can lead to denial or loss of work authorization document associated with the asylum claim. If cases are pending before EIOR (IJ) office, and AAF has not been paid, that can lead to an application being dismissed or denied, potentially resulting in an order of removal from the U.S. In court cases, immigration judges have the authority to set strict deadlines, which can be as short as 24 hours for payment.
According to USCIS, the fee and its requirements are:
The AAF is currently $102 for fiscal year 2026, adjusted annually for inflation from an original $100.
The fee applies to any foreign national whose asylum application has been pending for one year or more.
There are no fee waivers or reductions available for these asylum-related charges under current regulations.
Payments must be made through the USCIS payment portal or the EOIR Payment Portal using credit/debit cards or electronic bank transfers; paper checks and money orders are no longer accepted.
Note: This information is for generally educational or informational purposes only and it does not constitute legal advice.
