Understanding the $100 Annual Asylum Fee: Clarifications and Next Steps

The recent implementation of an annual fee for asylum applications has generated a considerable number of questions among our clients. At Immigration Pro, our duty is to provide clarity and precise strategic guidance. Below, we present a detailed analysis of this new regulation.

Basis and Nature of the Annual Asylum Fee

The U.S. government has established a $100 USD fee that must be paid annually for each asylum application (Form I-589) that remains pending adjudication.

It is important to understand that this is not an administrative fee charged by our firm.. Se trata de una tarifa fedIt is a federal fee required by the government agency handling the case:

For affirmative cases, the fee is collected by the Department of Homeland Security (DHS), through USCIS.
For defensive cases, it falls under the Department of Justice (DOJ), which oversees the Immigration Courts.

Who Is Required to Pay?

The applicability of this fee extends to all asylum applicants, divided into two main categories:

New Applications: Every individual filing for asylum for the first time is subject to the initial payment of the fee.
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Pending Applications: Here lies the most critical clarification. Based on our legal team’s guidance, our professional recommendation is that all applicants with an already pending asylum case should make the payment, regardless of the original filing date. . This proactive measure is essential to keep the case in good standing and avoid potential administrative complications.

Retroactivity: An Important Clarification

A recurring concern is whether applicants must pay for the years their case has already been pending. The answer is No. The payment is not retroactive . If your application was filed in previous years, you only need to make a single $100 USD payment to meet the requirement for the current year. From then on, the payment obligation will be annual.

Deadlines and Our Strategic Recommendation

For asylum applications filed before this regulation, the government agencies have not issued a strict deadline. However, waiting for an official notice is not the most prudent strategy.

Our professional recommendation is:

Proceed with the payment as soon as possible. The reason is strategic: we have observed that immigration judges are already including proof of payment of this fee as a requirement in scheduling orders. Anticipating this request is essential to avoid jeopardizing the continuity of your process.

Payment Procedure and the Firm’s Role

To ensure that funds are properly credited to your case number, our firm will handle the transaction directly through the corresponding government portals. We have the access and protocols in place to guarantee that the payment is officially registered.. We have the access and protocols in place to guarantee that the payment is officially registered.

Your responsibility is to contact your assigned team at Immigration Pro to coordinate the transfer of funds. Once completed, the official receipt will be attached to your digital file. Once completed, the official receipt will be attached to your digital file.

Conclusion

Proper management of administrative requirements is a cornerstone of success in any immigration process. This new annual fee is no exception. Our team is already implementing protocols to ensure that all our clients comply with this obligation efficiently.

If you have additional questions, please direct them to your legal team.