The Roman Emperor Caligula had a habit of frequently changing statutes and penalties during his reign. When people complained that they needed to know the law in order to avoid the punishments, Caligula posted his rules high up on a pillar, so no one could read them. That way, the law remained unknowable and the Emperor could continue to do as he pleased. This is basically the state of immigration law in the United States today.

The government's most recent machination is the $100 annual fee for asylum. The One Big Beautiful Bill created this new fee, but as of now, there is no mechanism for most applicants to pay. So what happens with your case if you can't make the payment? Will it be dismissed? If you have an asylum application pending at the Asylum Office, the Immigration Court or the Board of Immigration Appeals, what should you do to protect yourself?

We might as well begin with the easy part. If you file a new asylum application, form I-589, you are required to pay a fee of $100. This fee is for the principal applicant. Dependents are not required to pay. If your case is in Immigration Court, you can pay the fee here. If your case is at the Asylum Office, you can pay by check, money order, credit card, etc. at the time you file. The $100 fee cannot be waived, so if you can't pay, you can't seek asylum in the United States.

For the annual fee, the payment process varies depending on whether your case is in Immigration Court or the Board of Immigration Appeals (BIA), or if it is with the Asylum Office/USCIS.

For people in court or the BIA, the payment process depends on when you filed your I-589 asylum application.

For those who filed for asylum in court or the BIA between July 4, 2025 (when the One Big Beautiful Bill became law) and September 22, 2025, payment was required, but there was no way to actually pay the fee. If you tried to file for asylum during that time and if your application was rejected for failure to pay the fee (which was impossible to pay), you can re-file now with proof of payment. If you filed during those months and the court accepted your I-589 form, you should probably pay the fee now and submit proof of payment, just to be safe. The Asylum Seekers Assistance Project has some helpful guidance on these points.

What about people who have had an asylum case pending in court since before July 4, 2025? The fee is due, but as of this writing, the payment system is not yet in place. Even though it is impossible to pay the annual asylum fee (see this EOIR Memo, footnote 7), it is possible to pay the initial fee, and so some people are paying the initial fee and keeping proof of payment, such as a screenshot, in case they ever need that. Whether this will actually protect people, we do not know, but it is the only way to make a payment at this time.

Another option is to wait for additional guidance. I expect we will receive that soon, though we do not know for sure. I should note that the annual fee is for asylum, and not for Withholding of Removal or relief under the United Nations Convention Against Torture, and so even if an Immigration Judge were to dismiss an asylum claim for failure to pay, the applicant should remain eligible for these other (lesser) forms of protection.

For cases at the Asylum Office (affirmative asylum applications), USCIS has created a web page to accept payment of the annual fee. On October 1, 2025, USCIS started notifying applicants about when and how to pay. Some people are receiving notices or emails through their USCIS accounts, even when the asylum application is not linked to that account. Other people will receive paper notices in the mail.

If you receive such a notice, you should be able to make the payment on the USCIS web page. (though for some reason, the electronic notice does not tell you this). Until you receive a notice, it seems impossible to pay the fee. I tried for a few of my clients, but I received the following message: "At this time, the Annual Asylum Fee payment is not due for this case. USCIS will issue a notice the first time the Annual Asylum Fee is due."

There are roughly 1.5 million pending cases at our nation's Asylum Offices. How USCIS will inform all these people, and whether everyone will understand the notices, I do not know. Not everyone has a USCIS account (since this was not needed for asylum), and mailing so many letters seems like a daunting task. Despite these issues, at least for now, applicants at the Asylum Office must wait to hear from USCIS before they can pay the annual fee.

This is all very confusing and frightening. Although we do not know for certain what the penalty for non-payment will be, the worry is that it will give the government an excuse to dismiss many pending asylum applications. But there are some actions you can take to protect yourself:

• Sign up for a USCIS account. Even if you cannot link your asylum case to the account, this may be a way for USCIS to contact you.
• If you have moved since you filed for asylum, make sure that your address is up to date, so that you can receive any paper notices. You can update your address with USCIS through your account or here. You can update your address with the Immigration Court here, and with the BIA here.
• Make sure you have your Alien Number and receipt number, as you need those to make a payment. Both numbers should be on your asylum receipt and your I-589 biometrics notice (the electronic notices include the receipt number, but not the Alien Number).
• Watch for updates from the Asylum Seekers Assistance Project. There are many rumors and a lot of misinformation (and scams) about the annual fees. ASAP provides reliable, up-to-date, and easy to understand information for asylum seekers at every stage of the process.

Hopefully soon, the government will deign to provide more guidance about these new fees. Until then, keep your address updated and keep yourself informed. Those are the best ways to stay safe during these difficult times.

Originally posted on the Asylumist: www.Asylumist.com