Your Asylum Case Has Been Pending for a Year: You May Owe an Annual Asylum Fee
USCIS is issuing Annual Asylum Fee notices to certain applicants with long-pending Form I-589 cases, while a federal court order currently affects the consequences for missed payments.
People with asylum applications are accustomed to waiting. In 2026, however, some applicants must pay attention to a new issue while the case remains pending: the Annual Asylum Fee, or AAF. USCIS says certain applicants with Form I-589 pending for the required period must pay an annual fee, and the agency sends personal notices explaining the amount, due date and payment method.
Who may owe the Annual Asylum Fee?
USCIS currently states that an applicant who had an asylum application pending for the entire period from October 1, 2024 through September 30, 2025 must pay the AAF. It also states that a person who filed Form I-589 after October 1, 2024 and whose case remains pending for 365 days must pay the fee on the one-year anniversary and each year thereafter that the application remains pending on that date.
Will USCIS tell me when to pay?
For the first payment, USCIS says applicants do not need to calculate the deadline on their own. The agency will issue a personal notice identifying the amount, when payment is due, how to pay, and the stated consequences for nonpayment.
Do not ignore a USCIS fee notice simply because your asylum interview or court date has not been scheduled. The fee issue is separate from how quickly the underlying asylum case is moving.
What happened in federal court?
USCIS reports that on August 5, 2026, the U.S. District Court for the District of Massachusetts enjoined implementation of consequences for failure to pay the Annual Asylum Fee under the April 29, 2026 interim final rule. In response, USCIS reopened its payment portal for applicants who missed their listed due date while the litigation continues.
Does the injunction mean I can ignore the fee?
No. The injunction affects implementation of consequences for failure to pay; USCIS continues to state that qualifying applicants must pay the fee and has reopened the portal for outstanding payments. Because litigation can change quickly, applicants should follow current USCIS instructions and preserve copies of notices and payment confirmations.
How do I pay?
USCIS directs applicants who receive the notice to use its online Annual Asylum Fee payment process. The applicant will generally need identifying information from the notice, including the A-Number and receipt number. Applicants should use official government instructions rather than paying a third party who claims to “take care of” the fee.
Practical steps for asylum applicants
- Open every USCIS notice promptly.
- Confirm your current mailing address with the appropriate immigration agency.
- Keep a copy of the Annual Asylum Fee notice.
- Pay only through the authorized government process and retain proof of payment.
- If the due date passed, check whether the USCIS portal currently allows the outstanding payment.
- If your case is in immigration court rather than affirmatively pending with USCIS, verify which agency’s procedures apply to your case.
The Annual Asylum Fee is now part of case maintenance for certain long-pending asylum applications. Even while litigation affects enforcement consequences, applicants should not ignore notices or assume that a pending case requires no action.
Official Sources
Source: USCIS, Annual Asylum Fee online payment page and eligibility guidance (including Aug. 5, 2026 injunction alert).
Source: USCIS, Form G-1055 Fee Schedule and Annual Asylum Fee notices.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Immigration rules, fees, procedures, and agency guidance can change. Individual cases should be evaluated based on their specific facts and current law.
Emmanuel Gonzalez, Esq.
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