Annual Asylum Fee in 2026: What New York Asylum Applicants Need to Know
Last updated: October 6, 2026
This article provides general information and is not legal advice. Immigration laws, USCIS policies, fees, payment procedures, and court orders may change. The information below may not apply to every case.
Thousands of asylum applicants in New York have cases that remain pending for extended periods. A federal fee requirement known as the Annual Asylum Fee (AAF) now creates an additional issue for certain applicants with a pending Form I-589, Application for Asylum and for Withholding of Removal.
The Annual Asylum Fee is a federal requirement and is not specific to New York. This article focuses on New York residents because Pagán López Law serves clients in New York.
As of October 6, 2026, USCIS also reports that a federal court order affects its implementation of certain consequences for failure to pay the AAF. Applicants should therefore distinguish between the existence of the fee itself and the current litigation affecting USCIS procedures.
What Is the Annual Asylum Fee?
Federal law requires an annual fee for certain asylum applications that remain pending.
For fiscal year 2026, the Annual Asylum Fee is $102.
The Department of Homeland Security has announced an inflation adjustment for fiscal year 2027 that increases the Annual Asylum Fee to $105. The initial Form I-589 asylum filing fee remains $100 under the FY2027 adjustment.
Because fee amounts and effective dates may change, applicants should confirm the amount, due date, and payment method stated in their USCIS notice and current USCIS guidance before submitting payment.
Who May Be Required to Pay the Annual Asylum Fee?
According to current USCIS guidance, an individual who had an asylum application pending for the entire period from October 1, 2024 through September 30, 2025 is subject to the Annual Asylum Fee.
USCIS also states that an individual who filed or files Form I-589 after October 1, 2024, and whose application remains pending with USCIS for 365 days, must pay the AAF as of the one-year anniversary of the filing date and each year thereafter that the application remains pending on that anniversary.
For the first AAF payment, USCIS states that applicants do not need to independently calculate how long their applications have been pending.
USCIS says it will issue personal notices identifying:
- the amount of the fee;
- when the payment must be made;
- how payment must be made; and
- information concerning failure to pay.
Because individual notices and case circumstances may differ, applicants should rely on current USCIS instructions applicable to their cases rather than assuming that every pending asylum application has the same payment deadline.
Can the Annual Asylum Fee Be Waived?
Federal law establishes the Annual Asylum Fee separately from immigration fees that may qualify for a fee waiver.
Current federal law provides that the Annual Asylum Fee may not be waived or reduced.
Because immigration fee rules are subject to statutory, regulatory, and judicial developments, applicants should verify current USCIS guidance before relying on information concerning fee-waiver eligibility.
What Happened in Federal Court in August 2026?
On August 5, 2026, the U.S. District Court for the District of Massachusetts issued an injunction in litigation identified by USCIS as Venezuelan Association of Massachusetts et al. v. U.S. Citizenship and Immigration Services et al., No. 26-cv-13038-NMG.
According to USCIS’s current Annual Asylum Fee guidance, the court enjoined implementation of the April 29, 2026 interim final rule with respect to the implementation of consequences for failure to pay the Annual Asylum Fee.
This distinction is important.
The existence of the court order should not be interpreted as meaning that the Annual Asylum Fee itself has simply disappeared.
Court and USCIS developments may affect current AAF procedures, including procedures concerning missed payment deadlines. The order, agency procedures, or related litigation may also be modified, stayed, or superseded by subsequent developments.
What If an Applicant Missed the AAF Payment Deadline?
As of October 6, 2026, USCIS states that applicants who missed the payment due date listed on their notices may submit the Annual Asylum Fee while the litigation remains unresolved.
USCIS also states that it has reopened its payment portal for cases with outstanding AAF payments.
However, the existence of a late-payment option does not necessarily determine or eliminate the consequences in an individual immigration case.
Late payment, when available, should not be assumed to resolve every issue associated with a missed deadline.
USCIS procedures regarding late payments may change as the litigation continues. Applicants dealing with a missed deadline should therefore review current USCIS instructions and consider obtaining individualized legal advice concerning their particular circumstances.
Does the Annual Asylum Fee Apply in New York?
Yes.
The Annual Asylum Fee is based on federal immigration law, not New York law. Consequently, qualifying asylum applicants residing in New York may be subject to the requirement just as applicants residing elsewhere in the United States may be.
New York applicants should not disregard a USCIS Annual Asylum Fee notice because litigation concerning the fee is taking place in another federal jurisdiction.
USCIS currently acknowledges the August 2026 court order in its own nationwide Annual Asylum Fee payment guidance.
Is the Annual Asylum Fee the Same as the Initial I-589 Filing Fee?
No.
Federal immigration law distinguishes between the fee associated with filing an initial Form I-589 and the Annual Asylum Fee imposed on certain applications that remain pending.
For fiscal year 2026, the Annual Asylum Fee is $102.
Under the FY2027 inflation adjustment announced by DHS, the Annual Asylum Fee increases to $105, while the initial I-589 filing fee remains $100.
Applicants should confirm which fee applies to a particular filing or USCIS notice before submitting payment.
What Should New York Asylum Applicants Know?
Applicants with pending asylum cases should carefully review correspondence received from USCIS, including any notice concerning the Annual Asylum Fee.
The notice, current case posture, applicable deadline, and current agency or court action can affect an individual case.
General information available online — including information about the August 2026 court litigation — should not be treated as a determination of what will happen in a particular asylum case.
Immigration rules and procedures can change quickly, particularly when an agency policy is subject to active federal litigation.
Questions About a Pending Asylum Case in New York?
Individuals with questions concerning a pending asylum application, an Annual Asylum Fee notice, or another immigration matter may contact Pagán López Law for information about scheduling a consultation.
Pagán López Law
96-04 Northern Boulevard
Corona, NY 11368
Phone: (646) 216-8881
WhatsApp: (347) 434-3041
Email: info@paganlopezlaw.com
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