For most of the modern asylum system's history, Form I-589 carried no filing fee and no recurring charges. The 2025 immigration fee legislation changed that. Among other measures, Congress imposed a recurring annual fee on noncitizens with pending asylum applications — a charge that comes due each year the application remains unresolved.
The basic rule
An asylum applicant whose Form I-589 is pending owes an annual fee for each year the application has not yet been adjudicated. The fee applies whether the case is pending before USCIS (affirmative asylum) or the immigration court (defensive asylum). It is separate from any other fees the applicant may owe for related filings — employment authorization renewals, biometrics, motions, or appeals.
The amount, payment channel, and exact billing cadence are set by USCIS regulation and may be adjusted from time to time. Applicants should always verify the current amount on the official USCIS fee schedule before paying.
What payment looks like
USCIS has indicated that the fee will be billed through its online payment portal for applicants with active accounts, and by mail with a payment voucher for applicants who do not. The first fee is generally due on the anniversary of the I-589 filing, with each subsequent fee due on each later anniversary while the case remains pending.
Receipts and confirmation numbers must be retained. If an applicant's case is later approved, denied, or transferred, the payment history may be reviewed as part of the procedural record.
Consequences of non-payment
USCIS guidance treats unpaid annual fees as a procedural defect. Depending on the case posture, the agency may issue a notice of intent to dismiss for failure to comply, or may treat the asylum application as abandoned. In immigration court, the Department of Homeland Security may raise the unpaid fee as a basis for asking the immigration judge to dismiss the application or to enter an order of removal.
The point is straightforward: a missed payment can put the entire case at risk, even if the underlying claim is strong on the merits.
Fee waivers
USCIS continues to recognize fee waivers in limited circumstances — typically tied to demonstrated inability to pay, household income at or below specified thresholds of the federal poverty guidelines, or receipt of certain means-tested public benefits. Form I-912 governs the waiver request. The standards are documented but fact-specific; waivers are not automatic.
Where eligibility is uncertain, the safer course is to pay the fee on time and pursue the waiver separately if appropriate. Missed payments cannot generally be remedied retroactively by a waiver request filed after the deadline.
Practical advice for pending applicants
- Calendar the anniversary of your I-589 filing date as an annual reminder.
- Confirm the current fee amount on the USCIS website before paying — amounts may be adjusted for inflation.
- Save every payment receipt and confirmation number. Keep them with your case file.
- If you believe you qualify for a fee waiver, prepare the I-912 documentation well in advance of the due date.
- If a payment was missed, contact counsel immediately. Some cases can be cured through prompt corrective action; waiting makes it worse.
The bigger picture
For applicants whose cases have been pending for several years — a common pattern in the current backlog — the cumulative cost of annual fees is significant. Where alternative status options exist (an approved family-based petition, a marriage to a U.S. citizen, an EB petition, cancellation of removal eligibility), those paths should be evaluated alongside the asylum case. A pending I-589 does not have to be the only path, and in some situations another path closes faster and at lower total cost.
Litigation challenging the implementation of the annual fee is ongoing, and the rules may continue to change. Applicants and their counsel should monitor USCIS announcements and consult the firm if material changes affect a specific case.
This post is for general informational purposes only and is not legal advice. Fee amounts, deadlines, and procedural rules may change. The firm encourages pending asylum applicants with questions about their obligations to seek individualized counsel. Visiting this site or reading this post does not create an attorney–client relationship.