Twenty-Five Days. One Deadline. No Waiver.
If you have a pending asylum application in the United States—a Form I-589 filed with USCIS—you need to read this right now.
On May 29, 2026, the U.S. government will begin rejecting pending asylum applications whose principal applicants have not paid the Annual Asylum Fee (AAF). That is twenty-five days from today. The rejection is not a warning. It is not a processing delay. It is a full rejection—with consequences that include the immediate loss of your work permit and, if you do not have another form of legal status, the initiation of removal proceedings against you.
This is one of the most consequential immigration deadlines that has appeared in years, and a significant number of asylum seekers either do not know about it or are uncertain whether it applies to them. This guide is designed to cut through the confusion with a clear, factual, step-by-step breakdown of everything you need to know.
The Origin of This Crisis: What Is the Annual Asylum Fee?
Where Did It Come From?
The Annual Asylum Fee did not come from a regulation or an executive order. It was passed by Congress and signed into law as part of Public Law 119-21, more commonly known as the One Big Beautiful Bill Act (H.R. 1), which was signed on July 4, 2025.
Section 100009 of that law requires USCIS to collect an annual fee from any principal asylum applicant who has a Form I-589 pending—whether that application was filed last month or ten years ago. The law explicitly states that no fee waiver is available for the AAF.
USCIS began sending notices to affected applicants on October 1, 2025. What followed was a period of significant legal turmoil.
The Lawsuit That Briefly Paused Everything
The Asylum Seeker Advocacy Project (ASAP), which represents over 700,000 asylum seekers, filed a federal lawsuit in Maryland—ASAP v. USCIS—on October 3, 2025, challenging the fee’s retroactive application and the lack of clear payment instructions. On October 30, 2025, a federal judge granted a partial preliminary injunction, temporarily pausing AAF enforcement nationwide.
That pause ended on February 2, 2026, when the judge lifted the stay and denied ASAP’s motion for a preliminary injunction. Since that date, USCIS and immigration courts have been authorized to collect the AAF and enforce the consequences of non-payment.
ASAP continues to litigate the case, but there is currently no injunction protecting asylum seekers from enforcement. The law is in effect. The deadline is real.
The April 29 Interim Final Rule: Why May 29 Is the Hard Line
On April 28, 2026, USCIS announced an interim final rule—published in the Federal Register the following day—that formally codified the consequences of non-payment and set May 29, 2026, as the enforcement date. The rule, which implements additional provisions of H.R. 1, makes explicit what had previously been implied:
- USCIS will reject pending Form I-589 applications for anyone who fails to pay the AAF within 30 days of notification.
- USCIS will keep any I-589 filing fee paid even if the application is rejected for improper filing.
- If your application is rejected and you lack legal status, removal proceedings will be initiated.
The public comment period for this rule runs through June 29, 2026—but crucially, the rule is already effective. Comments may shape future revisions; they will not pause the May 29 enforcement deadline.
Who Owes the AAF: The Rules, Explained
The Basic Rule
You owe the AAF if:
- You are the principal applicant (not a derivative) on a Form I-589.
- Your application has been pending for at least one calendar year.
- USCIS has sent you individualized notice that the fee is due.
The One-Year Rule
USCIS will not charge the AAF for applications that have been pending for less than one year. If you filed your I-589 less than twelve months ago, you do not yet owe the fee—though you will owe it annually once that threshold is crossed.
Importantly, if your application has been pending for multiple years, USCIS charges a maximum of one AAF payment to cover all prior years. You will not receive a separate bill for each year the application was pending before the law took effect. If your I-589 has been pending for five years, you owe $102—not $510.
The Derivative Rule
The AAF applies only to the principal applicant. If your spouse and children are listed as derivatives on your I-589, you pay one $102 fee total. There is no per-person charge for family members included on a single application.
The Notice Requirement
This is the most important procedural protection in the current rules: USCIS must send you individualized notice before your 30-day clock starts. The notice will include:
- The amount you owe
- The deadline by which you must pay
- Instructions on how to pay online
- The consequences of non-payment
If you have not received a notice, your 30-day clock has not formally started. However—and this is critical—USCIS has been sending notices since October 2025. If your application has been pending for over a year and you have not received a notice, do not assume you are exempt. Check your USCIS online account immediately.
The Ms. L. Exception
USCIS is currently pausing AAF collection for Ms. L. v. ICE Settlement Class members and their Qualifying Additional Family Members (QAFMs)—individuals who were separated from family members at the border between January 20, 2017, and January 20, 2021. If you believe you are a member of this class, check your USCIS account for a specific exemption notice and consult an immigration attorney.
The Stakes: What Happens If You Miss the Deadline
The consequences of missing the AAF payment deadline are severe and immediate. USCIS has made them explicit, and they cascade quickly.
1. Your Asylum Application Is Rejected
Not paused. Not delayed. Rejected. USCIS will close your pending I-589. Years of documentation, legal preparation, and waiting—gone. You would need to refile and begin again, which may not be possible if you have missed other deadlines or your circumstances have changed.
2. Your Work Permit Is Revoked
Any pending Form I-765 (Application for Employment Authorization) based on your asylum application will be denied. If you are currently working on an EAD that was approved based on your pending asylum case, that authorization is revoked immediately upon rejection of the I-589. You lose your legal right to work.
3. Removal Proceedings Are Initiated
If you do not have another valid immigration status—a visa, a pending adjustment of status, TPS, or another protected category—USCIS will initiate the process of removing you from the United States. This does not mean deportation tomorrow. It means you will be placed in removal proceedings before an immigration judge. But it starts a legal process that is far more difficult and expensive to reverse than simply paying a $102 fee.
4. The Filing Fee Is Gone
Under the new interim final rule, if your I-589 is rejected, USCIS keeps the filing fee you already paid. The initial filing fee for a Form I-589 filed after July 22, 2025, was $100. You will not get it back.
How to Pay the AAF: A Step-by-Step Guide
The AAF must be paid online. There is no option to pay by mail, money order, or at a USCIS field office. This is a critical point for applicants who do not have regular internet access or who have difficulty navigating online systems.
Step 1: Gather What You Need
Before you go to the payment portal, have these two items ready:
- Your Alien Registration Number (A-Number): an eight- or nine-digit number beginning with “A,” found on any USCIS correspondence, your Employment Authorization Document, or your I-589 receipt notice.
- The Receipt Number from your AAF notice: found at the top of the notice USCIS sent you.
Step 2: Go to the Official USCIS Payment Portal
Navigate to: https://my.uscis.gov/accounts/annual-asylum-fee/start/overview
This is the only official portal for AAF payment. Do not use third-party websites, payment facilitators, or services that charge an additional processing fee to submit this payment on your behalf. The USCIS portal accepts payment directly.
Step 3: Check Whether Your Fee Is Currently Due
After entering your A-Number, the portal will tell you one of two things:
- “At this time, the Annual Asylum Fee payment is not due for this case.” → You are currently safe. Monitor your USCIS account and mail for a notice.
- A blue “Pay and Submit” button. → Your fee is due. Proceed to payment.
Step 4: Pay the Fee
Follow the portal’s prompts to complete the payment. The current AAF amount is $102. Accepted payment methods include debit cards, credit cards, and bank account transfers (ACH).
Step 5: Save Your Receipt
This is not optional. After paying, save a copy of your receipt and Payment Tracking ID. This is your proof of compliance. If USCIS ever questions your payment status, this receipt is your evidence.
If you are in immigration court (EOIR proceedings rather than affirmative asylum before USCIS), the payment process differs slightly. Visit the immigration court payment system and select “Court - Form I-589, Annual Asylum Fee for Asylum and for Withholding of Removal (AAF).” Bring a copy of your receipt to your next court hearing.
I Got a Notice But Can’t Pay: Honest Options
No fee waiver exists for the AAF. Congress explicitly prohibited it. This is not a policy gap that an immigration attorney can work around; it is statutory.
However, there are still steps you can take if cost is a genuine barrier:
Talk to a legal aid organization immediately. Several nonprofit immigration programs maintain emergency funds for exactly these situations. The Catholic Legal Immigration Network (CLINIC) and local immigrant advocacy organizations may be able to connect you with emergency financial assistance. Do not wait until May 29. Call today.
Look into community emergency funds. Many cities and states with significant immigrant populations have emergency immigrant assistance funds that can cover small urgent expenses. Your local immigrant rights organization or immigrant services nonprofit will know what is available in your area.
Borrow if you must. This is not financial advice, but $102 is a smaller number than the cost—financial, legal, and human—of having your asylum case rejected and removal proceedings initiated. If there is any way to pay this fee, pay it.
Consult an attorney about your overall status. If you have another basis for legal status—a pending petition from a family member, an approved visa category, TPS—an attorney may be able to advise you on options that could reduce your exposure even if your asylum case is affected.
Frequently Asked Questions
I never got a notice. Should I just pay anyway?
Check the payment portal first. If it says the fee is not yet due for your case, do not pay—USCIS needs to initiate the process formally, and you will need the Receipt Number from your notice to complete the payment. What you should do is make sure USCIS has your current address on file (update it at my.uscis.gov if it has changed) and check your account regularly.
My application has been pending for two years. Do I owe $204?
No. As explained above, USCIS charges a maximum of one $102 AAF payment to cover all prior years an application has been pending. You will receive one bill, not multiple.
Can my attorney pay on my behalf?
Yes. If you have legal representation and your attorney is listed on a Form G-28 for your case, they will also have received a copy of your AAF notice and can help facilitate payment. Make sure you are in communication with your attorney before May 29.
I am in immigration court, not with USCIS. Does this apply to me?
Yes. The AAF applies whether your case is pending before USCIS (affirmative asylum) or before the Executive Office for Immigration Review (EOIR/immigration court). The payment portals differ slightly; confirm with your attorney or accredited representative which system you should use.
Will paying the AAF guarantee my case won’t be rejected?
Paying the AAF protects you from rejection specifically for non-payment. It does not resolve other issues with your application. If you have a Request for Evidence (RFE) outstanding or other pending requirements, those are separate.
The Bigger Picture: What This Means for Asylum Seekers
The May 29 deadline is not happening in a vacuum. It is one component of a sweeping package of immigration fee changes introduced by H.R. 1, which also includes:
- A $100 initial filing fee for new I-589 applications filed after July 22, 2025 (no waiver available).
- New fees for Employment Authorization Documents tied to asylum, TPS, and parole.
- A new Form I-94 fee for certain nonimmigrant applications.
- Employment authorization validity capped at one year for TPS-based EADs.
Together, these changes represent a structural shift in how the United States finances its immigration system—placing more of the cost burden on applicants, including those in the most precarious circumstances.
Advocates, including ASAP and CLINIC, continue to argue that the AAF’s no-waiver provision is both legally suspect and practically devastating for asylum seekers who fled violence and persecution with little or nothing. ASAP’s litigation is ongoing. But the current legal posture offers no protection.
In this environment, accurate information is one of the most valuable things an asylum seeker can have. Share this article with anyone you know who may have a pending I-589. The stakes are too high for anyone to miss this deadline over a lack of information.
Quick Reference: What to Do Before May 29
If you have a pending I-589, run through this checklist today:
- Check your USCIS online account at my.uscis.gov. Look for any AAF notice or payment obligation.
- Check the payment portal at my.uscis.gov/accounts/annual-asylum-fee/start/overview. Enter your A-Number to see whether a fee is currently due.
- If a fee is due, pay it immediately. Do not wait until May 28. Processing issues, connectivity problems, or system outages could cost you everything.
- Save your payment receipt. Print it or screenshot it. Email it to yourself. Keep multiple copies.
- Make sure your address is current with USCIS. Notices sent to an old address are not an exception to the deadline.
- Contact a legal aid organization if you need help paying or understanding your notice.
- Tell other asylum seekers you know. Many people have not received adequate notice of this deadline.
Where to Get Legitimate Help
ASAP (Asylum Seeker Advocacy Project): Free legal information and resources for asylum seekers, including real-time updates on the AAF. asaptogether.org
CLINIC (Catholic Legal Immigration Network): National network of nonprofit immigration programs offering low- and no-cost legal help. cliniclegal.org
AILA Pro Bono Portal: American Immigration Lawyers Association database of attorneys offering free representation. ailaprobono.net
BIA-Accredited Representatives: Formally accredited non-attorneys authorized to provide immigration legal services. Searchable at justice.gov/eoir/recognition-and-accreditation-roster
USCIS Official AAF Payment Portal: The only legitimate place to pay the Annual Asylum Fee. my.uscis.gov/accounts/annual-asylum-fee/start/overview
USCIS I-589 Information Page: Official USCIS information on the Form I-589 and all related fees. uscis.gov/i-589
Sources
- USCIS Official I-589 Page: Current form information and AAF alerts — uscis.gov/i-589
- USCIS Newsroom Alert, April 28, 2026: DHS Announces Consequences for Unpaid Annual Asylum Fees — uscis.gov/newsroom/alerts
- Federal Register, April 29, 2026: Interim Final Rule — USCIS Immigration Fees and Related Procedures Required by H.R. 1 — federalregister.gov
- ASAP v. USCIS Litigation Page: Full timeline of the annual asylum fee lawsuit — asaptogether.org/en/annual-asylum-fees
- ASAP Fee Guide: How to pay the annual asylum fee, step by step — asaptogether.org/en/new-fees
- NIPNLG HR-1 Fee Summary: National Immigration Project analysis of all H.R. 1 fee changes — nipnlg.org
- CLINIC Court Watch, December 2025: Federal court updates on AAF litigation — cliniclegal.org