https://bcalawfirm.com/wp-content/uploads/2025/10/Final-Memo-on-Asylum-Fee-1.docx
Subject: $100 Asylum Fee Due Today for Select Applicants
Dear Client,
On July 4, 2025, the One Big Beautiful Bill Act introduced a $100 filing fee and a $100
annual maintenance fee for asylum applications. This new law applies to both the U.S.
Citizenship and Immigration Services (USCIS) and the Executive Office for
Immigration Review (EOIR). The annual fee is non‑waivable and must be paid each
year that your Form I‑589 asylum application remains pending
• Do You Need to Pay Today?
To determine whether you need to pay the annual asylum fee for FY 2025, consider
when you filed your asylum application and how long it has been pending. EOIR has
announced that applications pending for more than one year as of July 4, 2025 are
immediately subject to the annual fee. After your application has been pending for a
full year, the fee will be due on each anniversary date.
Use the guide below to determine your status:
Use the guide below to determine your status:
| When Did You File? | Do You Owe $100 Today? | Why? |
| On/before July 7, 2024 (still pending) | ✅ YES | Application has been pending >1 year |
| June 8, 2024 – July 3, 2025 | DEPENDS | Pay on the 1‑year anniversary when the case reaches one year pending. |
| Between July 4, 2025 – July 16, 2025 | ❌ NO | Less than one year pending as of July 2025 |
| On or after July 17, 2025 | ❌ NO | Initial filing fee already paid; annual fee not yet due |
*Note: If you filed between October 1, 2024 and July 3, 2025, your first annual payment becomes due when your application has been pending for 365 days. USCIS applies a similar one‑year rule for cases filed after October 1, 2024.
If you are unsure which category applies to you or have multiple family members on one application, call us immediately for guidance.
✅ YES Application has been pending >1 year
June 8, 2024 – July 3, DEPENDS Pay on the 1‑year
2025 anniversary when the case reaches one year pending.
Between July 4, 2025 – July 16, 2025
❌ NO Less than one year
pending as of July 2025
On or after July 17, 2025 ❌ NO Initial filing fee already
paid; annual fee not yet
due
*Note: If you filed between October 1, 2024 and July 3, 2025, your first annual
payment becomes due when your application has been pending for 365 days. USCIS
applies a similar one‑year rule for cases filed after October 1, 2024.
If you are unsure which category applies to you or have multiple family members on
one application, call us immediately for guidance.
How to Pay – Step-by-Step (Cases pending with Immigration Court – Defensive
Asylum)
- Go to: https://epay.eoir.justice.gov/index
- From the dropdown, choose: “Court-I-589, Application for Asylum – Initial/Annual
Fee” - Enter your details and pay $100
- Take a screenshot of your receipt
- Email the screenshot to: [email protected] and on email of your respective
case manager.
**If your case is pending with USCIS, sign in to your USCIS online account and look for
the “Annual Asylum Fee” option or visit https://my.uscis.gov/accounts/annual-asylum-
fee/start/overview and pay the fee.
What if the payment website isn’t working?
The government’s payment portals are new and may crash or show errors. If you
cannot submit your payment online:
• Don’t panic—keep refreshing the page and try again later.
• Contact our office right away. We may be able to submit the payment on your
behalf while you continue trying.
• Bring any receipts or proof of attempted payment to your next court hearing.
Important Notes from Our Firm
• Legal guidance varies: Other law firms may interpret the new fee requirements
differently. Available government guidance is incomplete and sometimes
inconsistent.
• The risk of non‑payment is unknown: We do not yet know how judges will
handle cases where the fee isn’t paid. The safest course of action is to pay if
the rules appear to apply to you.
• The cost of paying is limited to $100: Once paid, you will not risk missing this
year’s deadline. Future years may include inflation adjustments to the fee.
• Call us with questions: If you have any doubt about whether you owe the fee or
how to pay, contact us immediately.
❗ The risk of not paying is unknown. The risk of paying is only $100. We recommend erring
on the side of caution.
• We’re Standing with You — Every Step of the Way.
Your asylum case is important to us. Our team will do everything we can to keep
your case active and in compliance with the law. Please respond promptly to this
notice, and do not hesitate to reach out with questions or concerns.
Warm regards,
Bhavya Chaudhary and Associates
