The U.S. Citizenship and Immigration Services (USCIS), also known as the Immigration Bureau, announced on November 7 that it will temporarily suspend the collection of the Annual Asylum Fee (AAF) from asylum seekers. This decision comes after a federal court in Maryland issued a temporary injunction on October 30.
The Immigration Bureau has expressed strong opposition to the injunction but stated that it will comply with the court’s order while considering requesting further judicial review of the matter.
Previously, immigrant rights advocates filed a lawsuit challenging the Immigration Bureau’s fee. The lawsuit, titled “Asylum Seeker Advocacy Project v. USCIS,” was brought before the federal court.
Before the federal court intervened, the Immigration Bureau had started notifying asylum applicants awaiting a decision for over a year to pay an annual fee of $100. Failure to pay the fee within 30 days of receiving the notice could result in adverse consequences and processing delays.
The AAF is mandated by a congressional act, and the Immigration Bureau detailed the requirements in a notice published in the Federal Register on July 22. It stipulated that non-citizens submitting Form I-589 during the 2025 fiscal year or after October 1, 2024, must pay $100 annually starting from the one-year mark of their submission and each subsequent pending year.
However, due to unclear language regarding specific penalties by the Immigration Bureau, many individuals were concerned that non-payment could lead to application cancellation, prompting many applicants to rush to pay the fee.
In granting the preliminary injunction, the federal judge emphasized that the Immigration Bureau must inform applicants of clear deadlines, correct payment instructions, and the consequences of non-payment before implementing the fee.
Following the issuance of the temporary suspension order by the court, the Immigration Bureau notified applicants who had received payment notices that they could temporarily refrain from paying. Fees already paid will not be refunded, and applicants who have paid must keep their receipts safe. As the legal process progresses, the Immigration Bureau will provide further guidance.