You may have heard about the new annual asylum fee that started in 2025. If you’re seeking asylum in California, this policy change has probably raised questions and concerns. What does this fee mean for your case? When do you need to pay it? And what’s happened with the recent court decision?
At Getachew & Ansari Immigration Attorneys, P.C., we help you understand these requirements and what they mean for your asylum application. Immigration laws shift constantly, and knowing the current policies protects your rights.
What Is the Annual Asylum Fee?
The Annual Asylum Fee requires asylum applicants with pending cases to pay $100 each year while their application remains under review with United States Citizenship and Immigration Services (USCIS) or in immigration court. Public Law 119-21 established this requirement in 2025 as part of broader immigration fee changes.
Before this year, asylum applications were free. This longtime practice recognized that asylum seekers often escape their home countries with few resources. The new annual fee represents a major shift in how the United States handles asylum applications.
You’ll pay this fee on top of the initial $100 asylum application fee now required when filing Form I-589, Application for Asylum and for Withholding of Removal. If your case takes several years, you’d pay the $100 annual fee each year until resolution. Many asylum seekers can’t work legally for at least 150 days after filing, making these fees especially tough during a vulnerable period.
Important Update: Court Order Temporarily Stops Annual Asylum Fee
On October 30, 2025, a federal court in Maryland issued a temporary stay of the annual asylum fee in Asylum Seeker Advocacy Project v. United States Citizenship and Immigration Services. This court order affects everyone with a pending asylum application.
What does this mean? USCIS has stopped sending annual asylum fee notices and isn’t currently collecting the fee from anyone. If you got a notice before this court order telling you to pay, you can ignore it while the stay is in place.
This protects asylum seekers who were facing immediate payment deadlines. But you need to understand this stay is temporary. The court case continues, and the final outcome could bring the fee back. USCIS has said it “strongly disagrees” with the court’s order and will only follow it while the legal process plays out.
USCIS won’t refund fees already paid before the court’s stay. If you paid the annual asylum fee before October 30, 2025, keep your payment receipts. These payments might count toward future fees if the court eventually allows the fee, or they could matter in later legal proceedings.
Who Would Need To Pay the Annual Asylum Fee?
When the fee resumes after the court case, it applies to asylum seekers whose Form I-589 applications have been pending for one year or longer. This includes applications filed with USCIS and those filed in immigration court.
Here’s an important detail for families: If you included your spouse and children on your single Form I-589, the annual fee is typically $100 total for the whole family application, not $100 per person. The fee is per application form, not per individual.
The annual fee applies to applications pending anywhere in the system. If your case is on appeal to the Board of Immigration Appeals or under federal court review, you may still owe the fee each year until it’s resolved.
What Happens If You Can’t Afford the Annual Asylum Fee?
One of the most concerning aspects of the annual asylum fee is that the law prohibits fee waivers. Unlike many other immigration fees, you cannot request a waiver based on financial hardship.
This no-waiver provision creates real difficulties for asylum seekers who fled their home countries with limited resources. Many asylum applicants survive on support from family members, community organizations, or charitable assistance during the waiting period when they cannot work.
If you cannot afford the annual asylum fee when USCIS resumes collection, consult with an experienced San Jose asylum attorney immediately. While the law prohibits waivers, there may be other strategies for addressing your situation.
Failing to pay the annual asylum fee when required could result in USCIS or the immigration court denying your asylum application. This would put you at risk of removal from the United States.
How Does the Annual Asylum Fee Affect Work Permit Applications?
The new immigration fee changes in 2025 also significantly impact work permit applications for asylum seekers. If you need employment authorization while your asylum case is pending, you’ll face additional fees beyond the annual asylum fee.
Under the new fee structure, initial work permit applications in the asylum category now cost $550. For renewals, the new H.R. 1 fee of $275 is added to the existing USCIS fee, making the total $745 if filed online or $795 if filed by mail.
These work permit fees are in addition to the annual asylum fee, creating a significant financial burden. Previously, work permit applications for asylum seekers had much lower fees or no fees at all, and fee waivers were often available for the base USCIS fee.
Asylum seekers generally become eligible to apply for work authorization 150 days after filing their asylum applications. Once approved, work permits for asylum seekers are typically valid for one year or until a final decision is made on the asylum application, whichever comes first.
This shortened validity period means asylum seekers may need to renew their work permits more frequently, incurring the renewal fee (currently $745 online or $795 by mail) multiple times during lengthy asylum proceedings.
What Are the Consequences of Not Paying When Required?
When the fee requirement comes back after the court stay ends, not paying could seriously hurt your asylum case. USCIS has indicated that missing the payment when notified may lead to denial of your application.
A denial means you lose your legal basis to stay in the United States. You’d receive a Notice to Appear, starting removal proceedings before an immigration judge. The government would try to deport you to your home country, the place you fled for protection.
The consequences reach beyond just you. If you included family members on your asylum application, a denial for unpaid fees also jeopardizes their ability to stay in the United States legally.
This makes keeping your address and contact information current with USCIS or the immigration court absolutely essential. If you move or change phone numbers, file Form AR-11, Change of Address, with USCIS within 10 days. For immigration court cases, file Form EOIR-33, Alien’s Change of Address Form.
What Other Fee Changes Affect Asylum Seekers in 2025?
The annual asylum fee is just one of several significant fee changes affecting asylum seekers in 2025. Understanding the complete picture of new costs helps you plan more effectively.
There is now a $100 initial filing fee for Form I-589 asylum applications. This fee must be paid when you first submit your asylum application to USCIS. Unlike the annual fee, this $100 filing fee is a one-time charge. However, it also cannot be waived.
An asylum seeker in California might face the $100 asylum application fee, the $550 initial work permit fee, the $100 annual asylum fee each year the case is pending, and work permit renewal fees (approximately $745 online or $795 by mail) each time employment authorization needs renewal. For a case that takes three years to resolve with two work permit renewals, these costs could total well over $2,000.
These financial barriers represent a significant change in United States asylum policy. Historically, the asylum process was designed to be accessible to people fleeing persecution regardless of their financial resources.
How Can Legal Representation Help?
Working with an experienced immigration attorney becomes even more important in light of the new annual asylum fee and the uncertainty surrounding its implementation. An attorney can help you navigate these changes and protect your rights throughout the asylum process.
An attorney can monitor the ongoing litigation about the annual asylum fee and keep you informed about developments that affect your case. Immigration law changes rapidly, and having a legal professional tracking these changes on your behalf keeps you prepared.
If USCIS resumes collecting the annual fee, an attorney can help you understand exactly when payments are due for your specific case. They can review notices you receive, verify their accuracy, and make sure you’re not being charged incorrectly.
An attorney can help ensure all aspects of your asylum case are properly prepared and presented, maximizing your chances of approval. A strong, well-documented asylum application may be decided more quickly, potentially reducing the number of annual fees you need to pay over time.
Contact an Experienced San Jose Asylum Attorney at Getachew & Ansari Immigration Attorneys, P.C.
The new annual asylum fee and its uncertain status create extra stress during an already difficult time. While the current court stay provides relief from immediate payment, the situation could change at any time.
At Getachew & Ansari Immigration Attorneys, P.C., we help asylum seekers throughout California handle complex immigration requirements and protect their rights. We track legal developments affecting asylum applications, including the ongoing lawsuit about the annual asylum fee, and keep our clients informed about what they need to do.
Attorney Medya Ansari understands immigration from personal experience. She and her family came to the United States through the immigration system in 2004. She knows that asylum seekers face more than just legal complexity. There’s the trauma of persecution, separation from loved ones, and uncertainty about the future. We approach every case with the compassion your situation deserves.
Whether you’re getting ready to file an asylum application, waiting for a decision on a pending case, or have questions about the new fee requirements, we provide the experienced legal guidance your family needs.
Contact our San Jose immigration lawyer team today to schedule a consultation about your asylum case and the new fee requirements. You can also visit our contact page to learn more about our services. We serve clients throughout the Bay Area and across California who need help with asylum applications, work permits, removal defense, and all immigration matters.
You don’t have to go through the asylum process alone. The challenges you face are real, but help is available. Taking action now to understand your rights and obligations can make a real difference in protecting your future in the United States.
