Annual asylum fee: what happens if you miss the deadline
Miss the annual asylum fee notice? Your case could be closed in 30 days. Attorney Ilya Fishkin explains what you need to know to protect your asylum case.
Annual Asylum Fee: What Happens If You Don't Pay on Time — and How to Protect Your Case
If you have a pending asylum case, a relatively new fee requirement could put everything at risk — including your work authorization — if you miss a single notice. Immigration attorney Ilya Fishkin (NY Bar, 20+ years of experience) breaks down what the annual asylum fee is, what the consequences of missing it are, and what you should know right now.
What the Attorney Says
According to attorney Fishkin, under the new USCIS regulations, people who have filed for asylum are being sent notices requiring them to pay what is called the annual asylum fee. The rules are strict: if you do not pay within 30 days of receiving the notice, USCIS can terminate your asylum case and close your work authorization (EAD).
Asylum Checklist — Free
All deadlines and documents for US asylum
Fishkin also points out something critical about how USCIS is handling these notices: they stated it would be the only notification sent. There is no second reminder, no follow-up letter. If you miss it — for any reason — the consequences can be severe. USCIS began sending out these initial notices in October.
It is also important to understand the scope of these regulations. As Fishkin explains, the new rules specifically changed USCIS-side regulations. However, for cases that are currently in immigration court, a separate development applies: a memorandum was issued on January 2nd addressing those cases. If your case is in court rather than at USCIS, the rules governing you may differ, and you should be aware that a distinct memo — not the same regulations — applies to your situation.
What You Should Do
Based on what attorney Fishkin shared, here are the key steps to protect yourself:
Check your mail immediately and regularly. Since USCIS has stated this is the only notice they will send, missing it in the mail could be catastrophic. Make sure your address on file with USCIS is current and that you are checking all correspondence carefully.
Act within 30 days of receiving the notice. The window to pay is 30 days. Do not wait. If you receive a notice about the annual asylum fee, treat it as urgent.
Know where your case stands. There is a difference between cases pending at USCIS and cases pending in immigration court. If you are not sure which applies to you, consult with an immigration attorney to understand which rules — the new USCIS regulations or the January 2nd court memorandum — govern your situation.
Consult an immigration attorney if you have any doubts. Given that missing this fee can result in your case being closed and your work permit canceled, this is not a situation to navigate alone. An attorney can help you confirm your obligations and respond if something has already gone wrong.
FAQ
Q: What happens if I don't pay the annual asylum fee within 30 days? A: According to attorney Fishkin, USCIS can terminate your asylum case and close your employment authorization (work permit) if you fail to pay within 30 days of receiving the notice.
Q: Will USCIS send me a reminder if I miss the first notice? A: No. USCIS stated that the notice they send is the only one — there is no second reminder. This makes it especially important to watch your mail closely and act quickly when you receive it.
Q: Does the annual asylum fee apply to cases in immigration court, or only USCIS cases? A: The new regulations specifically changed the rules on the USCIS side. For cases in immigration court, a separate memorandum dated January 2nd was issued. If your case is in court, different rules may apply — speak with an attorney to understand your specific situation.
Based on an interview with immigration attorney Ilya Fishkin, NY Bar. This information is for general purposes only and is not legal advice.