Asylum Fee and Referral Directly to Immigration Court

Affirmative Asylum Referrals to Immigration Court without Interview:

On July 27, 2026, the Department of Homeland Security posted an interim final rule (“IFR”) to be published on July 28, 2026. Under the IFR, effective immediately, asylum offices will have authority to refer pending asylum cases to the immigration court without an interview if certain conditions apply. The rule empowers asylum officers to make this determination based on such factors as:

Applicants missing the one-year filing deadline;
Being subject to a statutory bar;
Not meriting asylum as a discretionary matter;
If the claim otherwise lacks merit in officers’ discretion, opening the door for widespread dismissals at the Asylum Offices.

Failure to Pay Annual Asylum Fee:

The Board of Immigration Appeals held that the annual asylum fee established by the One Big Beautiful Bill Act (OBBBA) is a statutorily required fee that may not be waived, that IJs and Appellate IJs may set deadlines for its payment, and that if a noncitizen fails to pay the fee within the prescribed deadline, the asylum application should be pretermitted or deemed abandoned.

Cost: $102 per year (adjusted for inflation from the original $100). There are no fee waivers available.

Who Pays: Anyone whose asylum application has been pending for 365 days or more, for each year the case remains open. It is charged per application, meaning families who filed together on a single form pay one $102 fee total, not per person.

When It’s Due: Due on the one-year anniversary of filing and every year after while pending. USCIS or an immigration judge will issue a notice or order, typically requiring payment within 30 days (though immigration courts can sometimes set shorter deadlines).

Where to Pay:

For USCIS cases, pay through the USCIS Online Account Portal.
For Immigration Court cases, pay via the EOIR Payment Portal.

Consequences: Missing the payment deadline can lead to your application being treated as abandoned, rejected, or dismissed.

For more information on Asylum Fee and Referral Directly to Immigration Court,

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