By now, you’ve probably heard that USCIS and EOIR (the Executive Office for Immigration Review – the office that oversees our nation’s Immigration Courts) have dramatically increased fees for many applications.
It seems to me that one purpose of these new fees is to make it unaffordable for non-citizens to obtain status in the United States. Another purpose is to make it more difficult for non-profits to assist indigent people seeking protection in our country.
Let’s start with asylum, since that is kind-of my thing. Since its inception, asylum in the U.S. has been free. Indeed, few countries in the world charge a fee for asylum. The only two I know about are Iran and Australia. Now, the United States has joined the club. We charge people fleeing persecution $100 to file for asylum plus an additional $100 per year for each year the asylum application remains pending (this fee will be adjusted upward each year for inflation). These fees cannot be waived, and so if you do not have the money, you cannot seek asylum in the U.S.
What’s that you say? A hundred bucks ain’t so bad. Maybe. But here’s my theory: the fee was not meant to deter individual asylum seekers who have private attorneys. Rather, the fee is an attack on non-profits that assist poor asylum seekers, particularly children and people with physical and mental disabilities. If a non-profit is forced to pick up the tab for scores or hundreds of asylum applicants, the cost will add up, and this will affect the organization’s ability to function.
The one hundred dollars is not the only fee that asylum seekers must pay. The fee for an initial work permit is now $550, and this fee cannot be waived. Previously, the fee for the first asylum-pending work permit was $0, which seems reasonable, as many asylum seekers have limited resources. Since asylum seekers cannot even apply for the work permit until their application has been pending for 150 days, they have to somehow survive in the U.S. for months before they can lawfully work. Now, not only must they cover their expenses for this period without the legal ability earn income, they also have to come up with $550 to file for a work permit (plus another $550 for each dependent family member who needs a work permit).
It has also become more expensive for asylum seekers to renew their EADs. The old fee to renew was $470 online or $520 by mail. The new fee is $745 online and $795 by mail.
Besides asylum, the fees for a number of other applications have also increased, and not by a little. For example, if you need to appeal a case in Immigration Court, the old fee was $110. The new fee is $1,010. An application for Cancellation of Removal for Non-permanent Residents in court was $185; now it is $1,630.
For those who cannot afford the fee, it is possible to apply for a fee waiver with USCIS or EOIR. But for many applications, the fee waiver covers only a portion of the cost. That’s because fees imposed recently in the “One Big Beautiful Bill” cannot be waived. These are listed on the USCIS fee schedule as “Additional Fees,” and include the asylum fee, a fee of $250 for Special Immigrant Juvenile petitions, and $550 for initial TPS EADs (on top of the “regular” TPS EAD fee of $470).
There are also additional, non-waivable fees that apply to many USCIS applications if they are adjudicated in Immigration Court. The I-485, for example, is $1,440 with USCIS, but in court there is an additional fee of $1,500 (for a total of $2,940, if my math is correct). The I-601 waiver form is $1,050 at USCIS, but there is an additional fee of $1,050 in court (for a total of $2,100).
To make matters worse, a recent decision from the Board of Immigration Appeals attempts to limit the fee waivers that are still available. That decision basically held that if you can afford an attorney, you can afford the U.S. government fees and are thus likely ineligible for a fee waiver. It also made clear that the fee waiver form must be completed accurately. You cannot list your income as zero and state that you have no assets, as this will be presumed false, at least for non-detained adults.
The net result of the new fees and the more limited fee waivers is that some applicants will be prevented from remaining in the U.S. due solely to the cost. Also, non-profits that serve asylum seekers and others will be burdened with additional expenses, making it more difficult to assist the most needy.
It has always been the case in America that you get the Justice you can afford. Sadly, with these recent changes, that is more true now than ever.
Hi Jason,
Long-time follower here. It’s been a while since I’ve commented, but I wanted to share a brief update and see if you have any thoughts.
I originally came to the U.S. with an ESTA and was later added as a derivative in an asylum case that was later referred to Immigration Court. That marriage ended, the case was severed, and transferred to a new court. I remain in removal proceedings (asylum-only, no final order), with a master hearing now scheduled for late 2027.
In the meantime, I married a U.S. citizen and filed a stand-alone I-130 in February 2024. After a long wait, the I-130 interview has now been scheduled at a USCIS field office in New Jersey.
My understanding had been that a common and appropriate path in situations like this is to first obtain I-130 approval, then use that approval to seek termination or dismissal of proceedings, and only then pursue adjustment of status once jurisdiction is clear.
Recently, however, I was advised by my attorney that due to changes in enforcement posture, attending the I-130 interview itself could carry detention risk, and that it might be safer to withdraw the pending I-130 and refile the I-130 and I-485 concurrently instead ASAP. After waiting nearly two years for the interview, this advice has been difficult to reconcile.
I would be curious to hear your perspective on whether you’ve seen a material shift in practice or policy that would make attending a scheduled I-130 interview unusually risky for someone in removal proceedings with no criminal history or final order, or whether this is more a reflection of increasing caution among practitioners.
Thank you, as always, for providing clarity and perspective during what can be a very long and uncertain process.
I have heard about some people being detained at these interviews, but all the cases I have heard about where in California. It is possible that it happens in NJ as well, but I have not heard of that. Also, I am not sure what is the advantage of closing the I-130 and filing a new I-130 and I-485 together. That just delays everything and you will still need an interview. I would try to clarify if the lawyer knows of examples where people were detained in NJ. Also, if you decide to attend the interview, you should be prepared to be detained, just in case. Meaning, you should have your life and legal affairs organized just in case you get detained. If you are detained, you should be eligible for release on bond (given the lack of criminal history and the pending applications), but you might discuss that with the lawyer first to be sure. Also, you should have a plan to pursue the case even if you are detained and for some reason cannot get out on bond (but based on your post, I think you should be able to get out on bond). In that case, you will need to pay for the I-485 in court (which has an additional $1500 fee on top of the $1440 fee) and you may need to go to a biometric appointment again (this is another problem, as USCIS has apparently stopped allowing biometrics for detained people; however, if you already attended a biometric appointment, USCIS should re-use your biometrics and a new appointment should not be needed). All this is a lot, but I think if you are prepared for the worst, that is safest, and hopefully, it will just be a normal interview, as I do not know of any examples from NJ (or anywhere outside CA) where a person has been detained in these circumstances. Take care, Jason
Hi Jason, I applied for asylum since 2015. My case is pending with USCIS. I went for interview and case status after enquiry shows your is pending back ground check.
I’m supposed to pay the $100?
In experience, what does this mean about my in terms of outcome?
I believe you will be required to pay, but USCIS will supposedly contact people (all 2 million of them!) to let them know when and how to pay. This web page is a good source of info about payments: asaptogether.org/en/new-fees/. I think a delayed decision does not indicate anything good or bad about the outcome of the case. Take care, Jason
Jason, thank you for continuing to provide this forum. In the current climate, does proof of a young woman’s sexual orientation strengthen her asylum case? She came out last spring to friends and family and has a girl friend. They both graduated from the same US college in May 2025 and have been dating throughout 2025. Currently they are not living in the same city but have been traveling frequently to see each other. She worked with a therapist for a year (2024-2025) and her therapist can attest to her sexual orientation. She came to the US from Venezuela with her mother when she was 13. Her mother filed for asylum within the year time period, but about 10 days after their tourist visas expired. She was a member of the opposition party in Venezuela and was threatened with death by a colectivo gang. Her story is compelling but the Venezuelan police refused to file a case and told her she’d have to deal with this herself. The threats kept escalating until she knew she would be killed and her daughter left an orphan. At that point she flew from Venezuela to the US. She eventually married a US citizen and now has her green card. Her asylum case has been closed and an immigration attorney opened a case for the daughter. Would the daughter’s sexual orientation strengthen her case? Thank you Jason.
I would check that the step father cannot legally file for the daughter (as he did for her mother). Maybe she can get a GC that way, although it may be too long of a wait. Also, hopefully, the daughter was on her mother’s case until she filed her own case, as she needs to be careful about the one-year asylum filing bar (I wrote more about this bar on January 18, 2018). In terms of sexual orientation, that is generally a strong basis for asylum, but it depends on the country conditions in Venezuela. The new US State Department report removed any info about persecution based on sexual orientation, but there are plenty of other human rights reports that do talk about this – I listed some in a post I did on August 14, 2025. If the daughter has not included sexual orientation as a basis for her own asylum case, she will need to add that and get evidence about her orientation, plus country condition evidence to show that Venezuela is dangerous for sexual minorities. Take care, Jason
Thank you Jason. We’ll follow up on the stepdad and the human rights reports. Yes, the daughter was on her mother’s case until she filed a separate case.
I’m assisting an individual who was accused of shoplifting in 2021. She was briefly detained and fingerprinted. When she appeared in front of a judge, the charges were dismissed. She had her immigration case administratively closed, and is presently assembling a VAWA petition.
I’m worried about Laken Riley. How scared should she be? Is there anything she can do to mitigate the risk?
I have not dealt with a case where that new law was a factor, but as I understand it, the law does require mandatory detention for people charged with a crime. I have not looked at it closely, though, and I do not know if the crime being dismissed offers your client any protection. If not, maybe a habeas petition would be a possibility, though I am not sure there is a basis for that either. Sorry, I can’t offer anything more. Take care, Jason
Thank you! I was afraid of that. Appreciate the response.
I feel like there should be a constitutional argument here – someone is suffering an extreme punishment (detention for the duration of their case) without a conviction, merely an accusation. Maybe the law will be found unconstitutional for that reason. On the other hand, the victims in this case are non-citizens and they have fewer and fewer rights in the eyes of the law and the Supreme Court, so who knows? Take care, Jason
The immigration courts have not been treating the LRA as retroactive.
Check whether the individual falls within the requirements of 236(c)(1)(E)(i).
There’s been one habeas case (out of MA, I believe) finding it unconstitutional as applied to the individual.
Hey Jason! Did you hear that the Trump admin is pressuring the UN to drop the requirement for refugee and asylee statuses to lead to permanent residence. What are your thoughts on this? Cheers
Hopefully, it will not work, as it will be very harmful to many people. It also makes little sense. If people have to flee, it is unlikely they can return quickly, so it makes more sense to provide a permanent solution for refugees. Having many people in your country who you will eventually force to leave is not good for the host country or the refugees. Too bad the Trump Administration was not trying harder to solve the root causes of refugees rather than trying to punish them. Take care, Jason
How big of a deal do you think it is and how likely are they to succeed? I’m not sure if it’s your are of expertise but I’m just curious
Many countries do not like asylum seekers, and when the US engages in a policy (whether good or bad), often times others follow, though maybe that is less true under the Trump Administration, which is very unpopular in most of the world. We will see what happens, but if it succeeds, it will cause a lot of harm to a lot of people. Take care, Jason
Hi Jason, Thanks for all that you do for asylum seekers. My niece (West African) has a pending asylum case since 2015. It’s an FGM case. She has gathered evidence including a test conducted by an immigration approved physician attesting that FGM was done. Her interview is coming up next month. She has never left the country but her husband travelled (with AP) to their neighboring country to take their dad to the hospital. Will her hubby’s travel come up at the interview? Should he bring with him his dad’s medical records from that third country? Wil he be questioned about his wife’s case? Thanks
I highly doubt that will be an issue, but I do not know the whole story of the case and so I cannot say for sure. There is no harm in providing evidence about why he traveled, including evidence of the father’s medical records, though I doubt it will be needed, but again, it depends on the specifics of the case. Take care, Jason
Does anyone know how to pay annual fee for pending asylum? I saw a post on reddit https://www.reddit.com/r/immigration/s/kegC6JvzhH where author claims judge ordered his deportation because author didn’t pay annual fee – although there are no instructions on how to pay it( at least I couldn’t find anything). Whats everyone doing – who has a pending asylum, can our asylum be rejected if we don’t pay the fee?
My understanding is that USCIS will contact asylees and let them know how to pay. I think there is no way to pay the fee otherwise; at least I have not heard about any way to pay yet. Take care, Jason
Is there any information on the number of pending asylum interview cases for each year?
Kind of like the statistics whether it’s getting worked on. I remember you posted that USCIS provides some statistics related data, but I believe you said it’s not trustworthy.
Thank you.
There used to be an Asylum Office Scheduling Bulletin, which told (approximately) what month and year were being interviewed. It was not super reliable, and it ended in early 2018. Now, we just have to see who gets an interview so we have some idea about what is happening, but it is fairly unpredictable. Also, I have not seen the Asylum Office release any data in quite some time, and so we don’t know much about what they are doing, except what we see from our own cases and people we know. Take care, Jason
Hi Jason and everyone here,
I was wondering about lawyer-client etiquette when it comes to communication. I recently hired a lawyer- this is my first time working with one personally. The agreement is mainly to help prepare documentation for my asylum case, and that part is in progress.
However, a couple of times (maybe 2-3 times over a couple of months) I’ve reached out with questions related to my case or about the general asylum/ICE situation. I haven’t heard back, even weeks later. Is that normal? Should I be concerned?
I really want to feel confident that if I get an interview notice or if I’m detained, my lawyer will respond quickly and take action. All the reviews I saw about them were great, but I’m just not sure if this lack of response is standard practice or a red flag.
And after seeing how you, Jason, take the time to reply to everyone here- it makes me wonder if maybe I now have a higher bar for lawyers, do you take cases in NYC – if yes, how can I contact you?
Lawyers are required to communicate with their clients, and so receiving no response after a few inquiries from you is not a good sign. On the other hand, everyone is very busy, especially these days, and some people are better about communicating than others. Also, it is particularly difficult to respond to more general inquiries, as opposed to specific inquiries about the case, as this is likely not part of the contract and represents additional work for a lawyer who may already be very hard pressed. I would email the lawyer your concerns and maybe request that if they cannot answer general questions, they should at least respond and let you know that they are unable to assist (rather than leave you wondering why there is no response). Ultimately, of course, if the lawyer is not responsive, you cannot work with that person, and that is a judgment call from your side. As for me, our firm does cases in NYC (we have an office in Newark, NJ), and so you can reach out by email if you need to: Jason@MurrayOsorio.com. Take care, Jason
Hi Jason, what are your thoughts on https://truthout.org/articles/report-trump-administration-seeking-to-decimate-asylum-seekers-rights-at-un/ – current admin’s potential proposal to UN to make asylum temporary – my understanding is that now they want to make asylum ike TPS, without a path to citizenship, and as soon as asylum home country conditions are deemed improved – take away asylum status and deport people. What would you recommend to current asylum seekers like me(waiting for asylum interview), or who haven’t received their greencard or citizenship yet.
I don’t know much about this proposal, but it would not affect asylum seekers in the US unless we actually changed our law. I think it would obviously be terrible for asylum seekers themselves, but it would also be bad for our country, as we would have a large population of people who would always have one foot out the door. What about their children? When does it become safe to return? To me, making asylum temporary would be bad policy, and most likely just represents another Trump Administration cruelty, which contributes nothing to make the world any better. Finally, UN policy has always had a preference for helping people to remain in their countries and remain in their homes. I don’t see how making asylum more difficult, without offering a solution to the underlying problem, will not accomplish that. Take care, Jason
Is anyone out there received asylum based greencard recently? If so how long it took?
was interview required? and did you expedited?
I applied mine Nov 2024 still waiting to hear it back.
I tried expediting they are still reviewing the documents, I just thought anyone else who has good experience might give us some hope who are waiting in line.
We have had clients get GCs recently based on asylum pending, but I do not remember when those cases were filed. As far as I know, none of them expedited. Most such cases seem to be taking 1 to 2 years, but time frames are not predictable and there are new rules that seem to end the “pause” but that could cause delay due to extra vetting. I wrote about this issue on August 6, 2025. Take care, Jason
Thank you dear Jason.
I got mine after waiting 16 months last month, but I got it only aftering filing WOM (My interview was also wiaved)
Thanks alot for your timeline dear friend.
Were you waiting for an interview to be scheduled before filing WOM or was there no response/progress while waiting? Thanks
Hi Jason,
USCIS/Federal Register state that the Annual Asylum Fee is due “as of September 30” (for pre–Oct. 1, 2024 filings) or “as of the one-year anniversary” (for post–Oct. 1, 2024 filings).
❓Does “as of” mean the fee must be paid by that date, or simply that the obligation arises on that date, with the actual deadline to be specified later in USCIS personal notices?
This makes me anxious.
I have not seen the notice, but my understanding is that USCIS (and maybe EOIR) will notify people about when the fee is due and how to pay. I do not know that there is a mechanism in place to automatically pay the fee. If I hear different, I will try to post about it here. Take care, Jason
Hello Jason,
What are your thoughts on a relatively short testimony that lasted for about 1.5–2 hours and the whole interview process took around 3 hours. AO was very friendly with a few counter questions and skipped the 3rd country resettlement
I do not know whether it is a good or bad sign, but AOs are under increased pressure to decide more cases, and so in general, interviews are going somewhat more quickly and your time frame seems normal to me. The fact that the officer skipped questions about third country resettlement makes me think that this is not an issue which will block you, so hopefully that is positive. Overall, I think people can get a sense of the interview, and if you think it went well, it probably did. Good luck, Jason
Hi Jason.
I have one question to you or any other person who can help me:
My wife applied for Adjustment of Status(I-485 Form) and paid the fee of $1,440 but the file was returned saying that the submission fee is inappropriate. I know that there’s a $85 Biometrics fee but don’t know if it is paid together with this $1,440 filing fee. My question is shall I resubmit the file adding this Biometrics fee? I need some clarification on this matter.
Thank you
That is strange, as the total fee for most people is $1440. It is more if she is in Immigration Court, but if not, that is normally the fee. Double check the I-485 instructions (https://www.uscis.gov/g-1055?topic_id=97286) to see if maybe she falls into another category, but that seems unlikely. If it is correct, maybe re-send with a copy of the instructions and highlight the fee. Take care, Jason
Thanks a lot Jason. Yes, what is stipulated is that a derivative Asylee who is not in court pays $1,440 for adjustment of status. I wonder if I could add the $85 biometrics fee to resend the file. I try to call them through the given number with no success.
Actually, she’s my wife who came more than a year ago through normal family reunion (After I obtained asylum). I can copy their notice to you to help me better understand the issue of returning the file.
Thanks
“This is in reference to the I-485, Application to Register Permanent Residence or Adjust Status, you submitted. Your I-485, fees, and any supporting documentation is being returned for the following reason (s):
This application petition has not been fully completed. One or more of the following field (s) were not completed:
-Application Type
Please be sure to complete the application fully, submit the appropriate fees, and include all required supporting documentation “
Jason, this is how the notice reads. I noticed that I left incomplete somewhere I had to answer NO on the Application Type and have corrected this. But you understand that in addition to this they ask me to include the appropriate fees while my cashiers check is of $1,440.
Could you help me understand their notice above? Do they refer only to the incorrect application type mistake or both with application fees?
Thank you
It sounds like there was a problem with the form, and maybe the language about the fee is just standard language that is included when they reject a form. Again, if you are not sure, you can talk to a lawyer, but based on the above, it sounds like there was an issue on the form not being completed properly. Take care, Jason
You may want to do a consultation with a lawyer about the situation, as I would not be able to review the notice here. Given that the normal fee is $1440, I do not think it would help to include an extra check for $85, and that might cause it to be rejected again. Maybe it is simply a USCIS error and you can re-send the application and they will accept it, but I do think it is worth understanding what happened as best as possible in order to avoid another rejection. Take care, Jason
Hi Jason
I wanted to ask you a question, please could you let me know why is UCSCIS is telling us that our employment authorisation card has been approved 3 weeks ago, and they are not updating on our USCIS account.
We have not received anything in the mail for these 3 weeks.
We have no way to find out when will we receive the approval.
We dont even know they have sent us the card.
Case status is staying: notice of receipt sent.
Have you heard this from anyone of ur clients having same issues.
I am not sure I understand what notice you have received from USCIS. Was this online? Is it related to an asylum-pending EAD or something else? Normally, when a person gets an online message about a case being approved, they get the paper notice a week or two later, so make sure that your address is up-to-date with USCIS. If you don’t receive anything in the mail, you can try to inquire with USCIS by calling 800-375-5283 and trying to reach a person. Take care, Jason
Hi Jason
Thank you for replying I received a notice my work permit application has been received by USCIS. This is receipt of notice. This was when I filed it online.
Now after several months since February, I called USCIS to follow up they said his application is approved on 22 August, until now we have not received approval notice on his USCIS account, we have nothing in the mail. We are entering the 4th week. this has never happened. Approval notice comes in the mail followed by the card.
I check the address online and it is the current address. I am not sure what to do anymore. I have written to USCIS about 6 times now they keep saying it has been approved on that date.
No way to write my own words to USCIS, it is a system general message with options to select, has this ever happened to any of your client.Anything you know better what has already been done. I need to get his card in hand ASAP. Many thanks
I agree that the time frame seems too long. Aside from calling USCIS and trying to reach a human being, you can reach out to your Congress person. Sometimes, they can make an inquiry for you and that can help. You can find their contact info if you follow the link under Resources called House of Representatives or Senate. It also may just be that work permits are slowing down and maybe this is, in fact, normal. We don’t know, but I do think it is best to take what action you can to try to get the card. Take care, Jason