New Asylum Fees 2026: What Happens If You Don't Pay
If you have an asylum case pending in the US, a new government rule may require you to pay fees you have never paid before — and missing a payment could get your case rejected. The Annual Asylum Fee is now active after a court block was lifted in early 2026. USCIS is already sending notices, and the clock is ticking.
New Fees for Asylum Seekers in the US
A major new law — known as H.R. 1 — changed how much asylum seekers must pay to file and maintain their cases. The Department of Homeland Security (DHS) published an interim final rule (a rule that takes effect immediately but still accepts public comments) that became effective May 29, 2026. This rule puts the new fees into the official code of federal regulations.
Under the new rules, you must pay a fee when you first file your asylum application (Form I-589, the application for asylum and withholding of removal). You must also pay an Annual Asylum Fee (AAF) — currently $102 — for each calendar year your asylum case stays pending. This means the longer your case takes, the more you pay. There is no fee waiver available for any of these new fees. The law says clearly: these fees cannot be reduced or waived for any reason.
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A federal court in Maryland had temporarily blocked the AAF in late 2025. But that court order — called a stay — was lifted on February 2, 2026. USCIS is now sending notices to applicants who have not yet paid. If you receive a notice and do not pay within 30 days, USCIS may reject your pending asylum application. A rejected application can lead to removal proceedings — meaning the government could try to deport you.
Who Else Pays New Fees?
It is not just asylum applicants. The law also requires fees from people who apply for a work permit (called an Employment Authorization Document, or EAD) based on their asylum case, their parole status, or Temporary Protected Status (TPS). People applying for Special Immigrant Juvenile (SIJ) status — a protection for certain immigrant children — must also pay a fee. Renewals and extensions of these work permits require additional payments as well.
What to Do
- Check your mail and email now. USCIS is sending fee notices to asylum applicants who have not paid. Missing the 30-day deadline to pay can result in your application being rejected.
- Do not ignore a fee notice. If you receive a notice about the Annual Asylum Fee or any other new fee, act immediately. Lawyers recommend responding within the deadline even if you plan to challenge the fee.
- Keep records of every payment. Save receipts, confirmation numbers, and any correspondence with USCIS. You may need these if there is a dispute about whether you paid.
- Talk to an immigration lawyer as soon as possible. These new fees are complex, and missing a payment can have serious consequences — including deportation. Many nonprofit legal organizations offer free or low-cost help.
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If you receive an Annual Asylum Fee notice, do not wait — pay within the 30-day window even if you believe the fee is wrong, because a rejected asylum application can trigger removal proceedings that are very hard to stop. If you think you were incorrectly billed, an attorney can help you challenge the notice after you pay, which is safer than missing the deadline. Given how quickly these consequences can unfold, consulting an immigration attorney before your deadline is strongly advisable.