Asylum Fee Crisis: Deportations Halted Without Timely Notice

(UNITED STATES) A policy shift has eased a fast-growing crisis for asylum seekers after the rollout of new asylum fees under the One Big Beautiful Bill Act, known as OBBBA. When the fee system launched in early October 2025, many people with long-pending cases faced the risk of having their claims dismissed for non-payment before they ever got a bill. Officials have now clarified that no one must pay until they receive a personal notice, and payment will be due 30 days after that notice is issued.

What OBBBA established

• The United States created the country’s first annual asylum fee under OBBBA: a $100 annual asylum fee for each year an application remains pending beyond the first year.
• There are no fee waivers, unlike many other immigration costs — a change that disproportionately affects low-income families.
• The fee applies to each asylum application filed on <a href="https://www.uscis.gov/i-589">Form I-589, Application for Asylum and for Withholding of Removal</a> — per application, not per person. That means a family listed together on one application owes $100 total, not $100 per family member.
• VisaVerge.com’s analysis notes the new charge adds pressure on people already waiting years for decisions due to government backlogs.

Confusion and legal challenge

Officials initially gave mixed signals about how and when the fees would be due. Immigration courts and U.S. Citizenship and Immigration Services (USCIS) seemed to take different approaches, and early guidance suggested that cases pending more than a year might owe fees immediately.

• The law warned that failure to pay within 30 days could lead to dismissal of asylum claims or removal orders.
• Many applicants feared paying late or missing a notice entirely because there was no clear process to receive bills or submit payments.

This changed after a legal challenge brought by members of the Asylum Seeker Advocacy Project (ASAP). On October 20, 2025, the government issued a revised policy with three key rules:

1. Applicants are not required to pay until they receive a personal notice.
2. Notices will be sent by mail or electronically before the first payment is due.
3. Payment is due 30 days after the notice is issued.

The revision resolved the most urgent due-process concern — people cannot be punished for non-payment before they are properly told how and when to pay.

Implementation timeline and billing details

• By October 23, 2025, USCIS and immigration courts had set up online payment systems.
• USCIS began sending notifications on October 1, 2025, and immigration courts started issuing notices shortly after.
• Many applicants are receiving <a href="https://www.uscis.gov/i-797">Form I-797, Notice of Action</a>, which states the $100 due and gives 30 days to pay.

Crucially:

• The government will charge only $100 total for all past years a case has been pending — no matter how many years that is.
• Going forward, the $100 will be charged each year as long as the application remains pending.

Policy changes overview (quick summary)

• Amount and timing: $100 annually for applications pending more than one year, with the first due 30 days after a personal notice is issued.
• No waivers: There are no fee waivers under OBBBA.
• Back years rule: Applicants pay $100 total to cover all prior years their case has been pending; future years billed annually.
• Per application, not per person: One <a href="https://www.uscis.gov/i-589">Form I-589</a> covering a family requires only a single $100 payment each year.

Practical impact on applicants

The practical impact is stark. Many asylum seekers have waited years because of government backlogs in USCIS and immigration courts. While they await decisions they can’t control, they must now budget for an annual payment.

• The law states that missing the fee “may negatively affect your application, including but not limited to a delay in processing.” It remains unclear whether cases will actually be dismissed for non-payment under the revised notice policy, but the warning has prompted attorneys to encourage clients to pay quickly once billed.
• The notice rule addresses the most urgent fairness problem, yet risks remain for those who move frequently or lack stable housing. Officials stress that applicants must keep their mailing address current with USCIS so they don’t miss a notice.
• If a letter gets lost, an applicant might not realize the clock is ticking on the 30-day window. For families sheltering with friends, in motels, or between apartments, this creates daily stress.

Example:
– A parent who filed in 2020 and still waits for a hearing: under the “back years” rule, the first bill after notice is still only $100, not $500. That helps immediately. But unless the case is decided, the family will owe $100 each year going forward — effectively tying yearly costs to the government’s processing pace.

Both USCIS and the immigration courts now have online payment platforms. While there is no single unified portal for both systems, applicants can follow the instructions in the <a href="https://www.uscis.gov/i-797">Form I-797</a> notice to submit payment. Applicants should:

• Keep proof of payment and store it with case records in case of future questions.
• Follow the payment instructions exactly as listed on the notice.

Official resources

For official background on asylum, USCIS provides a general resource page covering eligibility, process steps, and applicant responsibilities. Readers can consult the agency’s asylum overview at USCIS Asylum.

When filing or reviewing case documents, applicants can access Form I-589 directly through USCIS at Form I-589.

Broader concerns and advocacy

Lawyers and advocates say the new fee raises broader questions about equal access to protection:

• People fleeing danger often arrive with very limited funds. OBBBA’s asylum fees could force hard choices between paying for legal safety and covering rent or food.
• Some advocates argue charging an annual fee while cases sit in long queues amounts to a penalty for delays caused by the system itself.
• Others note the “back years” cap at $100 reduces the immediate shock for those with very old cases.

VisaVerge.com reports that advocates will continue to monitor how OBBBA’s fee rules are applied in both USCIS and the courts, especially for those who struggle to receive mail or access online systems.

Practical tips from legal aid groups

• Update your mailing address with USCIS and, if in court, with the immigration court system immediately after any move.
• Watch for <a href="https://www.uscis.gov/i-797">Form I-797</a> notices and mark the 30-day deadline on your calendar.
• Pay online promptly using the link or instructions in your notice; save receipts.
• If your family is on one <a href="https://www.uscis.gov/i-589">Form I-589</a>, remember the fee is per application, not per person.
• Seek help from trusted legal providers if you have questions about your notice or payment.

For now, the key rule is simple: no payment is due until you receive a personal notice, and then you have 30 days to pay $100. Families should prepare for yearly bills until their cases are decided.