The $102 Annual Asylum Fee: Who Pays, When, and What Happens If You Don't

If you have a pending asylum application, there is a new fee you need to know about. As of 2025, both USCIS and the immigration courts are charging an annual asylum fee of $102 for every year your asylum case remains pending. This fee is not optional — failing to pay it can result in your asylum case being denied or dismissed.

This article breaks down everything you need to know: who has to pay, when it is due, how to pay, whether fee waivers are available, and what happens if you cannot afford it.

What Is the $102 Annual Asylum Fee?

The annual asylum fee was created by federal legislation (H.R. 1) and requires every person with a pending asylum application to pay $102 per year for each calendar year the application remains pending. This applies to cases in both immigration court (EOIR) and at USCIS (the asylum office).

The fee was originally set at $100 but was adjusted to $102 for fiscal year 2026 due to an inflation adjustment. This is separate from any initial filing fee — it is a recurring annual charge that applies as long as your case is open.

Who Has to Pay the Annual Asylum Fee?

The fee applies broadly, but here is a breakdown of who is and is not affected:

You Likely Need to Pay If:

• Your asylum application (Form I-589) has been pending for more than one year
• You have a case in immigration court and the judge orders you to pay
• You have a case at the USCIS asylum office and USCIS sends you a fee notice
• Your case is on appeal at the Board of Immigration Appeals (BIA)

You May Not Need to Pay If:

• Your asylum application has been pending for less than one year
• You filed your application before the fee took effect and have not yet received a notice — but this does not mean you are exempt permanently
• You qualify for a fee waiver (more on this below)

The critical point is this: do not assume you are exempt. If you have a pending asylum case, expect to receive a fee notice at some point. Check your mail, email, and any electronic court filing systems regularly.

How Does the Fee Work in Immigration Court?

If your asylum case is in immigration court, here is what to expect:

1. The judge issues an order — the immigration judge will either issue a written notice or verbally order you to pay the fee during a hearing
2. You receive a deadline — the judge sets the deadline, which can be as short as one day or as long as several weeks
3. You pay online — payment is made through the immigration court's online payment system
4. You submit proof of payment — provide a copy of your receipt to the immigration court and the government attorney

How Does the Fee Work at USCIS?

If your asylum case is at the USCIS asylum office (not in immigration court), the process is slightly different:

• USCIS will send you a notice that the annual asylum fee is due
• You will have 30 days to pay from the date of the notice
• Payment is made through USCIS's online payment system or by mail
• If you do not pay, USCIS can deny your asylum application

One important note: even if you have not yet received a notice from USCIS, you can choose to pay the fee proactively if your application has been pending for more than one year. This ensures you are in compliance and avoids any deadline pressure.

How to Pay the $102 Annual Asylum Fee

The payment process depends on where your case is:

Immigration Court Cases

1. Go to the immigration court payment website: epay.eoir.justice.gov
2. Enter your A-Number (Alien Registration Number)
3. Select "Court - Form I-589, Application for Asylum and for Withholding of Removal - Annual Asylum Fee"
4. Pay the $102 fee
5. Save your receipt and Payment Tracking ID
6. Submit a copy of the receipt to the immigration court and bring a copy to your next hearing

USCIS Asylum Office Cases

1. Follow the instructions on the fee notice USCIS sends you
2. Pay online through the USCIS payment portal or by mail
3. Keep your receipt for your records

Are Fee Waivers Available?

Yes, but the process is limited. If you cannot afford the $102 fee, here are your options:

In Immigration Court

You can request a fee waiver from the immigration judge. The judge has discretion to waive the fee if you can demonstrate financial hardship. Be prepared to provide evidence of your financial situation, such as:

• Proof of income (pay stubs, tax returns)
• Proof of public benefits (Medicaid, SNAP, etc.)
• A declaration explaining your financial hardship
• Evidence of expenses (rent, medical bills, dependents)

There is no guarantee that a fee waiver will be granted. The standard varies by judge and jurisdiction.

At USCIS

USCIS has a fee waiver process for the annual asylum fee. You can request a waiver by submitting Form I-912 (Request for Fee Waiver) or a written request demonstrating that you cannot afford the fee. USCIS considers factors such as your income, assets, household size, and whether you receive public benefits.

What Happens If You Do Not Pay?

The consequences of not paying the annual asylum fee are severe:

• In immigration court: The judge will likely deny or dismiss your asylum application. This means you lose your claim for protection and may be ordered removed from the United States.
• At USCIS: Your asylum application can be denied, which may result in referral to immigration court for removal proceedings.
• On appeal: If your case is at the BIA, failure to pay could result in dismissal of your appeal.

This is not a fee you can ignore. It does not matter how strong your asylum claim is or how long you have been waiting for a decision. If you do not pay, you can lose your case regardless of the merits.

Common Questions About the Annual Asylum Fee

Does the fee apply to children on a parent's asylum application?

If your children are listed as derivatives on your asylum application (Form I-589), they are generally covered by a single fee — you do not need to pay a separate $102 for each child listed on your application. However, if a child has their own separate asylum application, a separate fee would apply.

What if I already received asylum but it is under review?

If your asylum case has been granted and is no longer pending, the annual fee does not apply. The fee only applies to pending applications. However, if your case is in a different type of review or reopened proceedings, consult an attorney about whether the fee applies.

Can the fee increase?

Yes. The fee is adjusted annually for inflation. It started at $100 and is currently $102 for fiscal year 2026. Expect it to increase slightly each year.

What if I filed for asylum years ago and never heard about this fee?

The fee is relatively new. Many people with long-pending asylum cases are just learning about it now. If your case has been pending and you have not yet paid, you should either pay proactively or consult an attorney about your specific situation. Do not wait for a notice — by the time you receive one, the deadline may be extremely short.

What You Should Do Right Now

If you have a pending asylum case, take these steps immediately:

1. Check your mail and email — look for any fee notices from USCIS or the immigration court
2. Log into any electronic court systems — some courts send notices electronically
3. Determine how long your case has been pending — if it has been more than one year, the fee likely applies
4. Pay the fee if you can — do not wait for a notice if your case is clearly over one year old
5. Contact an immigration attorney — if you cannot afford the fee, need a fee waiver, or have questions about your specific situation
6. Set a calendar reminder — this is an annual fee, so mark your calendar to pay it each year your case is pending

At Modern Law Group, we help asylum seekers navigate every part of the process — from initial applications to hearings, appeals, and now, compliance with new fee requirements. If you have questions about the annual asylum fee or need help with your case, our attorneys are ready to assist.