Understanding the New $100 Annual Asylum Fee (AAF): What Clients Need to Know in 2025

Over the past few weeks, many asylum applicants across the country including several clients of the Law Office of Daniel J. Smith have received government notices about a new $100 Annual Asylum Fee. Because the rollout has been inconsistent and confusing, we’ve prepared this blog post to answer common questions and help you understand what this fee is, why some people are receiving notices, and what steps you should take.

What Is the $100 Annual Asylum Fee?

In 2025, a new federal law (H.R. 1) introduced additional fees into the asylum process. One of these is the Annual Asylum Fee (AAF) a $100 charge applied once per asylum application, not per individual family member.

If your asylum application (Form I-589) includes multiple family members, the fee typically applies only to the lead applicant listed on the case.

The fee is intended to cover the government’s administrative costs while your case remains pending.

Why Are Some People Receiving Notices and Others Are Not?

The rollout of the annual asylum fee has been uneven. Some clients have already received notices from USCIS or the immigration court requiring a $100 payment, while others have not received anything at all.

There are a few reasons for this:

• The government is sending notices in phases

• Different systems are used for USCIS vs. immigration courts

• Ongoing litigation has temporarily paused certain parts of the fee program

• Some notices were issued just before the pause went into effect

This means that not receiving a notice does not mean you’re exempt — it simply means the government has not sent your notice yet or is waiting for updated legal guidance.

Temporary Court Pause on the Annual Fee

On October 30, 2025, a federal court issued a temporary order blocking the government from enforcing the annual asylum fee. In response, USCIS announced that:

• They have paused sending new AAF notices

• Applicants may disregard previously issued notices until further instructions

• There will be no refunds for fees already paid

This pause is not permanent, and rules may change again depending on the outcome of the lawsuit.

Should You Pay the Fee If You Already Received a Notice?

Because a court order is currently in effect, payment rules vary depending on:

• When your notice was issued

• Whether your case is with USCIS or immigration court

• Whether the notice is considered valid under the temporary pause

If you are unsure, do not attempt to pay the fee on your own. Instead, contact your case manager so we can check your notice against the most current guidance.

What Happens If You Don’t Pay?

Under the original rule (before the court pause), failing to pay by the deadline could:

• Delay your case

• Impact your eligibility

• Potentially result in dismissal or denial of your asylum application

Although the fee is paused, these consequences may resume when the government reactivates the rule.

If You Need Assistance

If you are a client of the Law Office of Daniel J. Smith and need help understanding your notice or making the payment:

Please call our office between 9:00 AM and 5:00 PM and ask to speak with your case manager.

We will:

• Confirm whether your notice is still valid

• Tell you whether you need to pay or wait

• Help guide you through the process

• Document your payment in your file (if needed)

  
  

Reliable Resources for Additional Information

Here are helpful sources that cover the new asylum fees and recent court decisions:

• USCIS – Court Order on Annual Asylum Fee Notices

• AILA – Update on USCIS compliance with the court order

• ASAP – Overview of new asylum and work permit fees

• NIPNLG – Policy analysis of H.R. 1 fees

• LA Times & Guardian – News articles explaining the impact

• YouTube videos providing simple breakdowns for asylum seekers

(Your web developer can hyperlink these, or I can prepare a linked version for you.)

Final Thoughts

This situation is evolving quickly. The $100 Annual Asylum Fee is real, but enforcement is temporarily paused, and government guidance continues to change. The most important thing is: do not ignore any official notice you receive, and contact our office immediately if you’re unsure.

Our team is here to support you every step of the way.