The Roman Emperor Caligula had a habit of frequently changing statutes and penalties during his reign. When people complained that they needed to know the law in order to avoid the punishments, Caligula posted his rules high up on a pillar, so no one could read them. That way, the law remained unknowable and the Emperor could continue to do as he pleased. This is basically the state of immigration law in the United States today.
The government’s most recent machination is the $100 annual fee for asylum. The One Big Beautiful Bill created this new fee, but as of now, there is no mechanism for most applicants to pay. So what happens with your case if you can’t make the payment? Will it be dismissed? If you have an asylum application pending at the Asylum Office, the Immigration Court or the Board of Immigration Appeals, what should you do to protect yourself?
We might as well begin with the easy part. If you file a new asylum application, form I-589, you are required to pay a fee of $100. This fee is for the principal applicant. Dependents are not required to pay. If your case is in Immigration Court, you can pay the fee here. If your case is at the Asylum Office, you can pay by check, money order, credit card, etc. at the time you file. The $100 fee cannot be waived, so if you can’t pay, you can’t seek asylum in the United States.
For the annual fee, the payment process varies depending on whether your case is in Immigration Court or the Board of Immigration Appeals (BIA), or if it is with the Asylum Office/USCIS.
Immigration Court and the BIA
For people in court or the BIA, the payment process depends on when you filed your I-589 asylum application.
For those who filed for asylum in court or the BIA between July 4, 2025 (when the One Big Beautiful Bill became law) and September 22, 2025, payment was required, but there was no way to actually pay the fee. If you tried to file for asylum during that time and if your application was rejected for failure to pay the fee (which was impossible to pay), you can re-file now with proof of payment. If you filed during those months and the court accepted your I-589 form, you should probably pay the fee now and submit proof of payment, just to be safe. The Asylum Seekers Assistance Project has some helpful guidance on these points.
What about people who have had an asylum case pending in court since before July 4, 2025? The fee is due, but as of this writing, the payment system is not yet in place. Even though it is impossible to pay the annual asylum fee (see this EOIR Memo, footnote 7), it is possible to pay the initial fee, and so some people are paying the initial fee and keeping proof of payment, such as a screenshot, in case they ever need that. Whether this will actually protect people, we do not know, but it is the only way to make a payment at this time.
Another option is to wait for additional guidance. I expect we will receive that soon, though we do not know for sure. I should note that the annual fee is for asylum, and not for Withholding of Removal or relief under the United Nations Convention Against Torture, and so even if an Immigration Judge were to dismiss an asylum claim for failure to pay, the applicant should remain eligible for these other (lesser) forms of protection.
The Asylum Office/USCIS
For cases at the Asylum Office (affirmative asylum applications), USCIS has created a web page to accept payment of the annual fee. On October 1, 2025, USCIS started notifying applicants about when and how to pay. Some people are receiving notices or emails through their USCIS accounts, even when the asylum application is not linked to that account. Other people will receive paper notices in the mail.
If you receive such a notice, you should be able to make the payment on the USCIS web page. (though for some reason, the electronic notice does not tell you this). Until you receive a notice, it seems impossible to pay the fee. I tried for a few of my clients, but I received the following message: “At this time, the Annual Asylum Fee payment is not due for this case. USCIS will issue a notice the first time the Annual Asylum Fee is due.”
There are roughly 1.5 million pending cases at our nation’s Asylum Offices. How USCIS will inform all these people, and whether everyone will understand the notices, I do not know. Not everyone has a USCIS account (since this was not needed for asylum), and mailing so many letters seems like a daunting task. Despite these issues, at least for now, applicants at the Asylum Office must wait to hear from USCIS before they can pay the annual fee.
How to Protect Yourself
This is all very confusing and frightening. Although we do not know for certain what the penalty for non-payment will be, the worry is that it will give the government an excuse to dismiss many pending asylum applications. But there are some actions you can take to protect yourself:
- Sign up for a USCIS account. Even if you cannot link your asylum case to the account, this may be a way for USCIS to contact you.
- If you have moved since you filed for asylum, make sure that your address is up to date, so that you can receive any paper notices. You can update your address with USCIS through your account or here. You can update your address with the Immigration Court here, and with the BIA here.
- Make sure you have your Alien Number and receipt number, as you need those to make a payment. Both numbers should be on your asylum receipt and your I-589 biometrics notice (the electronic notices include the receipt number, but not the Alien Number).
- Watch for updates from the Asylum Seekers Assistance Project. There are many rumors and a lot of misinformation (and scams) about the annual fees. ASAP provides reliable, up-to-date, and easy to understand information for asylum seekers at every stage of the process.
Hopefully soon, the government will deign to provide more guidance about these new fees. Until then, keep your address updated and keep yourself informed. Those are the best ways to stay safe during these difficult times.
Hi Jason, I’ve been scheduled my N400 interview adter being a LPR for 5 years, through political asylum. My question is, do officers dig too much into the asylum case? do they ask detailed questions about it? It’s been 7 years since I got granted asylum and now I just want to be well prepared. Also, can my wife be asked about the asylum case? I was the applicant but she got granted derivative through my application.
They usually do not ask much, but they could, and so there is no harm in reviewing the asylum case so you are ready. I did a post on December 2 2020 about citizenship for asylees and that might be helpful. In terms of your wife, she would not normally attend your interview and I do not know when they would ask her about your case. If she is also applying for citizenship, I guess they could ask about your asylum case, and it would not hurt for her to know the basics, but if she does not know about it, she can say that she does not know. I have not heard about a dependent being questioned about the principal’s asylum case in this context. Again, anything is possible and it is good to prepare, but this seems unlikely. Take care, Jason
Hello Jason,
I arrived the US with my children sometime March 2017 through the airport and filed for asylum April 2017. I was refered to court in 2024 after my USCIS interview and married a US citizen in 2025. We have filed for I-130 and AoS with USCIS and receipts will be forwarded to the court EOIR. So my question is what are my next steps once I receive approval for my I-130? Do I request the Judge to administratively close my asylum case and look at my AoS marriage based or what will be my next best options?
Normally in this situation, we would ask the judge for more time, so USCIS can process the I-130. Once it is approved (and assuming you are eligible to adjust status/get the green card in the United States), we ask the judge to dismiss the case. For the most part, judges will do that and then you can file the I-485 with USCIS. If the judge refuses, you can try to adjust status in court. These cases are not as easy as they could be, and these days, it is possible that the DHS lawyer (the prosecutor) or the judge will make things difficult. For this reason, I think it is better to have a lawyer assist you and also make sure you are eligible to get the GC based on your marriage. Take care, Jason
Thank you for everything you do for us
I was granted asylum and was wondering when I can apply for adjustment of status , because my lawyer wanted to apply next month . What is your advice , because I heard that I need to wait for a year . Can you help me
Hello NOTICE OF APPROVAL, congrats on your approval and please can you tell me what kind of questions you were asked during the interview, It would be highly appreciated,
DAVID LAW , I had 2 interviews and they asked about my case and alls events . Remember dates and people in your case
The new rule (from 2023) is that you can apply any time. Most lawyers, including me, are recommending you wait at least 6 months. I explain why in a post dated February 6, 2023. Take care, Jason
Thanks , I will wait 6 months before applying. Can I also apply for travel documents ? Since I can travel outside the US
If you have asylum, you can apply for a Refugee Travel Document, form I-131, available at http://www.uscis.gov. It probably takes a year or longer to get the RTD. If you want to try to expedite, I wrote about expediting on January 29, 2020. Take care, Jason
Hi Jason,
I hope you are well.
I recently got this update on my USCIS account. Context: I have not been interviewed yet. I submitted my i-589 on May 2023.
”
Application Is Pending October 18, 2025
The next step in your application is an in-person interview. Once your interview is scheduled, you will receive an interview notice. October 18, 2025
We scheduled you or a dependent included on your application for a biometrics appointment. May 12, 2023″
Is this normal or is that indicative of something?
It seems pretty normal. Make sure it is also not asking you to pay the annual fee. If it is, you can pay that at the USCIS website – there is a link in the article above. Take care, Jason
Dear Jason,
I’m a derivative with my wife’s asylum case, which is in immigration court in NY. MCH is scheduled for February 2026. As a derivative I filled my i-589 for asylum with the immigration court for my extra safety.
At his point …..Do I have to pay the $100 Annual Asylum fee?
Please advise. I appreciate your help. Thank you.
You will have to pay, but at the moment, there is still no way to pay. I provided a link in the above article about paying the initial fee, and that link should, eventually allow you to pay the annual fee as well. I have a case later this week and since my client could not pay the annual fee, I had her pay the initial fee so that if the judge asks, we can show that we tried. For my cases that do not have court dates coming up, I am waiting to see if the system allows people to pay that annual fee. I expect that it will soon. Take care, Jason
Hi Jason ,
1. I have been pending for my affirmative interview for nearly 9 years . Is this a normal time to wait for interview I understand there is a written mandamus option but I’m not sure I need to pause and not to hurry with this current environment ? Do you have a client who has been waiting since 2016?
2. With Pending affirmative asylum , legal entry , (applied for asylum while in status). Out of status now . Can I marry a green card holder and do adjustment of status ? I saw the visa bulletin is very good for F2A now but I was not sure if I’m eligible for Adjustment of status ?
Thanks
1 – I do have cases from 2016, mostly from Virginia, but other offices also have cases that old. They are working through those cases and so even if you do not do a mandamus, you may get an interview soon. For that reason, make sure you are ready to go, in case you get the interview. 2 – The problem is that if you are now out of status, there are very limited ways to get a green card without leaving the US. In most cases, if you marry a GC holder, you would have to leave the US to get your own GC. There are some limited exceptions to the rule (for example, maybe if you are in TPS status or if you came here prior to December 2000 and had a company sponsor you for a Green Card) and if you think you might qualify for one of those, talk to a lawyer, but again, this is rare and you may be better off waiting until your spouse is a US citizen. In that case, you can probably get your GC in the US, but again, talk to a lawyer to be sure. Take care, Jason
Hi Jason. Thanks for this valuable blog. My boyfriend entered the country illegally an has an ongoing immigration court case. Recently, he was arrested by local police after they found a small amount of marijuana in his car. The case now shows as inactive in the state court system, and he was supposed to be released, but we were told he can’t be because there’s an ICE hold on him. However, it’s been about two months, and ICE still hasn’t come to take him. We talked to an immigration lawyer who said there’s nothing he can do until ICE takes custody. What are our options to either get him released from state custody or get ICE to take him if that’s the only way forward?
The government cannot hold someone indefinitely, whether it is the state government or ICE. I would talk to a lawyer who does habeas corpus cases to see if that might be a way for him to get released. If he had a criminal lawyer help with the marijuana charge, that lawyer may be a good starting point, since the lawyer should know who has custody of him at this moment. Take care, Jason
Respected Jason,
My asylum case is pending in the NYC immigration court. My upcoming Master calendar hearing (in person) is in February 2026.
I’m very scared to attend the master hearing in person in NYC court, because ICE activities in New York City immigration courts include arrests and detentions of individuals attending hearings.
My question is, can my lawyer submit the written statement in my absence at the MCH? Or what other options do I have to avoid an in-person hearing for MCH?
I’m a 65-year-old sick woman. Please help me with your thoughtful suggestions. I appreciate your help as always. Thank you very much.
It depends on the judge, but your lawyer can submit documents to do the MCH in writing. These are called written pleadings, and if the judge allows this, it will avoid the MCH and you will be scheduled for an Individual Hearing. For the Individual Hearing, some judges do those by video, but most require that you attend in person, and so it may not be possible to avoid going to court entirely. That said, you should talk to your lawyer about the specific risk that you face. Most people detained in court entered the US at the border and requested asylum. And so if you entered legally with a visa, you may not be at risk of detention. It depends on the facts of your case, and is worth discussing with your lawyer. Take care, Jason
Hi, i have asylum pending with uscis since 2022 . My next step is an interview. A few days ago status changed to application is pending and then something like before you can continue pay annual asylum fees then i paid it in a few hours status remained the same but before you continue annual fee was removed and now only status says Application Is Pending
Your application with USCIS is pending.
For information related to the 180-Day Asylum EAD Clock and the Form I-765, Application for Employment Authorization, please review: The 180-Day Asylum EAD Notice.
It still doesnt say next step is an interview. When will revert back to previous status of next step is an interview thanks
I would not pay a lot of attention to their on-line messages, as they are often not very clear. If you paid the fee, you should be fine. When they will schedule an interview, we do not know, and so it is a good idea to make sure you have all your evidence ready in case an interview is scheduled. Take care, Jason
A worry that hasn’t been mentioned is that…
It will obviously be very bad that if Thomas or Alito choose to retire in this current term…right ? They refused to retire during the Biden admin, but choose to retire during the current admin…knowing that the current president could appoint a young conservative justice, cementing the court conservative majority for generations…
So first of all, it’s obviously a bad thing for asylum seekers if this happens…right ? 2nd, is there anything that the asylum community can do to prevent or reduce the chance it will happen ?
I guess we will have to see, but if they retired soon, they would likely be replaced by very conservative people, and such people tend to be worse for immigrants. What we can do about it is to continue to educate people and work for change; I am not sure what else there is to be done. Take care, Jason
I don’t know how strong our message is to be honest.
It just always feels to me that…the anti-immigrant anti-asylum people seem to always win the argument…They seem to always have an edge over asylum community in the court of public opinion…
I am just concerned that, say we spend 5 hours educate the benefits of asylum seekers to our country…but then the right wing people can easily neutralize…negate our effort in 5 min…
It’s very painful but it’s a harsh reality people don’t seem to want to admit.
But I always feel that it’s helpful for people to admit that the right wing people seem to be better at infowars.
Only after we acknowledge our insufficiency we can make improvements.
Hi fellows readers and Jason, is anyone getting greencard based on asylum recently?
I spoke with uscis agent and he told me we are not issuing asylum based greencard card for now. You have to wait until we start issuing.
Wants to know what’s going on.
Thanks!
Hi Jason and everyone in the asylum community,
Today, October 18th, a friend of mine and his family had their Green Card applications approved—their status has changed to “Card in Progress.”
I also applied for my Green Card on January 2nd, 2025, and I’m still waiting. Since my friend and his family applied two weeks after me and their cards are now in progress, it seems that immigration has started issuing cards for asylum seekers.
I hope this information helps others who are waiting for their cards, just like me.
Good luck to everyone!
Hopefully, that is correct. I would caution that each person’s GC application seems to take a different amount of time, and just because your friend filed around the same time as you, it does not mean you will get a decision soon. You might, but you might not. Hopefully, it is a good sign that they are processing cases and hopefully, you will get your GC soon. Take care, Jason
We have been seeing people get GCs based on asylum. I do not recall the last time that happened, and maybe the government shutdown is affecting this. In any event, as far as I know, USCIS is still issuing green cards based on asylum. Take care, Jason
Hi Jason,
I came to US 10 years ago on b1b2 visa and applied for asylum. I am green card holder now. I want to travel outside of US and have valid RTD. Do you think I might face issues coming back to the country because I overstayed my b1b2 when I applied for asylum?
I am reading news that ICE detained some people who overstayed their visa. Please advise
I have not heard about anyone in this situation having problems. Presumably, USCIS knew about the overstay when they granted asylum and when they issued a green card, and so I do not see why they would raise that issue now. With the valid RTD and a GC, you should be able to travel and return. Take care, Jason
ICE’s operations — starting with the detainment of a Hanover Park police officer arrested Thursday. ICE says the officer is in the country illegally, despite receiving federal work authorization earlier this year.
“He overstayed his visa for nearly a decade, so he doesn’t have any lawful status in the U.S.,” Olson said. “USCIS did issue him a work authorization card, but he didn’t have lawful status and the U.S. immigration law is very complex, so there’s different ways someone might be here illegally and apply for some type of benefit and be authorized to work during that time frame, but still have no legal status.”
I would not trust what ICE says here. Maybe he filed for asylum. He is authorized to stay in the US and work, and he has a pending application, though he does not have any immigration status if that is narrowly defined as having a valid visa or a green card. Take care, Jason
Hi Jason,
I have been seeing people submitting their 485 applications 6 months after their asylum approvals. When you submit the 485 six months after the approval, does USCIS issue a receipt, EAD combo card immediately or they wait for the one year mark? Thanks
You can file for a Green Card 6 months after receiving asylum – I wrote about that on February 6, 2023. However, there is no EAD combo card. You should already have an a-5 (asylum approved) EAD and if you wanted a Refugee Travel Document, you would apply separately for that using form I-131, available at http://www.uscis.gov. Take care, Jason
What if when submitting the green card application i submit the I-131 (Advance Parole) instead of the RTD? I can travel using my COP’s passport because i am a derivative in an FGM case. Will they issue the AP or they will deny and i have to file for the RTD?
I have not tried that. If they give you AP, I suppose you could travel with that, but the more appropriate (and less expensive) document is the RTD. The RTD may take longer to get than AP, but I am not sure about that, especially since wait times are not predictable. I also do not know that USCIS would issue a combo card for category a-5. In terms of the passport, as a derivative, you should be able to travel with the passport without a problem, but you should be able to explain why you used the passport if asked (and here, it seems easy to explain). Take care, Jason
Hello Jason,
Hope you are doing well , we have our asylum interview next week after 8 years in Chicago office today our attorney received call from Chicago office they told all interviews are canceled because of govt shutdown. When I checked our online status it’s said ” we are working to reschedule your interview but we cannot until you pay your asylum fees , to continue your case you need to pay fee first .
I just wanted to ask after paying fees how long it could take to reschedule if govt shutdown ends?
Thanks,
USCIS and the asylum office are funded by fees, and so normally they are less affected by the shutdown. I know there are some effects, as certain aspects of their work may be impacted by the shutdown, but I am a little surprised they would cancel an asylum interview for that reason. Anyway, there is no way to know how long the shutdown will last or how long it will take to reschedule. I think once the shutdown ends, if you do not hear from them in a month or two, you can email them to ask about the interview. You may need to push them a bit to get it rescheduled. Take care, Jason
I believe USCIS wanted to get the fee as quickly as possible. I do not think, so they will reschedule quickly. After you pay, this line ‘ we are working…’ might be disappeared. I am not so sure though!
Hi Jason,
I hope you are doing well and thank you for your help in this forum.
While my asylum application has been pending since that last 8 years and I’ve been waiting for an interview with USCIS, I also independently pursued an EB-2 employment-based I-485 adjustment of status. That application was recently denied, and I’ve now received a Notice to Appear (NTA) initiating removal proceedings under INA § 237(a)(1)(B). The reason for the I-485 denial was pending asylum is not a status.
I am surprised that uscis sent me this letter while I am still in pending asylum interview status.
Can you please share me what are my options for the NTA? What is going to happen to my pending asylum?
Thank you very much in advance!!
I think it is a new practice to issue an NTA and send people to court if an application with USCIS is denied. It happened in the past sometimes, but it seems much more common now. In your case, it really makes little sense, since you have a pending asylum case. In any event, the case has been referred to court and you will have to do your case there. Depending on why the EB-2 was denied, you could potentially take voluntary departure, leave the US, and process the EB-2 overseas. Otherwise, you would need to pursue asylum and any other applications in court. If you plan to leave the US, you would definitely want to talk to a lawyer beforehand to make sure you are eligible to process the case and return to the US. You would also want a lawyer for the asylum case (and any other case) in court, as it is difficult to do a court case without a lawyer. Take care, Jason
Thank you Jason! This is very helpful. I was also waiting for the asylum interview. I mentioned that I have a pending asylum during the EB-2 application.
I will pursue the asylum then since leaving the country is not feasible for me.
So the judge is going to heat my asylum case during the NTA? How long it often takes for cases to be finalized at immigration courts vs uscis interviews?
Thanks again!
There are usually two hearings. The first hearing is short and sets the stage for the case. The second hearing is when you usually present the case. I wrote about this process on March 7, 2018. The frame varies by judge. In my area (Washington, DC) most cases take about a year (though it varies widely). Other parts of the country are different, and so it can be anywhere from a few months to a few years. Take care, Jason
Hi Jason, I’m in a similar case – in process of getting EB-2 with a pending asylum case, if i-485 is denied – my asylum case can also be transferred to a court skipping in office interview? What does it mean for work authorization, status?
Unfortunately, I think that is possible. But whether you are eligible to adjust status (get the GC in the US using form I-485) is usually not a very complicated question. You can have a lawyer evaluate that before you file the I-485. If the I-485 was denied and if USCIS referred you to court without having adjudicated the asylum case, you may need to file a new asylum application in court (since the current application was not referred to court). I am not sure about this, as this is a new situation, but if you need to file a new application, I think you would have to wait 150 days before filing for a new EAD. Maybe if you think there is a risk of this, you would want to renew your EAD so you have a few years of validity before you pursue the I-485. Take care, Jason
Thank you for replying to my question, Jason, appreciate the information. In case of NTA – if I’d need to ‘file a new asylum application in court’ – will it make me subject for expedited removals?( as my asylum case will be considered new). Also – can a judge grant i-485 approval based on approved i-140 or NTA is for asylum case only?
I do not think you would be subject to expedited removal, as you entered the country lawfully. I also think it is possible the judge could grant the I-485, assuming you are eligible. However, you should determine eligibility before you file the I-485, and if you are eligible, hopefully, USCIS will grant the green card. I would definitely discuss all this with a lawyer beforehand, to try to be as safe as possible. Take care, Jason
Hi Survival and Jason,
I’m in a similar situation: my spouse filed asylum and I’m a dependent, and I have an approved I-140. I entered the U.S. on B1/B2 visa 10 years ago and filed asylum while in status. I had my asylum interview 3 months ago and am waiting for the decision. Planning to file I-485 and have a few questions:
– Did you cite §245(k)?
– Entered the U.S. legally?
– Filed asylum while in status?
– Which USCIS field office handled it?
Jason,
Should I consider not applying for I-485 at this stage?
Any insights or tips appreciated!
There are a lot of moving parts to an application like this, and I would think at this point, either asylum will be approved, in which case you don’t really need the EB green card, though you would probably be eligible for it because you have asylum. Or asylum will be denied and you will be referred to court, in which case you likely will not be able to get the green card based on the I-140. One issue is that you do not know when you will get the asylum decision or what that decision will be, and I think that will affect eligibility for the green card based on the I-140. I would talk to a lawyer about the specifics of your situation and see what they think is the best path forward. Take care, Jason
Hi Survival and Jason,
I’m in a similar situation: my spouse filed asylum and I’m a dependent, and I have an approved I-140. I entered the U.S. on B1/B2 visa 10 years ago and filed asylum while in status. I had my asylum interview 3 months ago and am waiting for the decision. Planning to file I-485 and have a few questions:
– Did you cite §245(k)?
– Entered the U.S. legally?
– Filed asylum while in status?
– Which USCIS field office handled it?
Jason,
Should I consider not applying for I-485 at this stage?
Any insights or tips appreciated!
Hello sir,
Applied asylum 2 march 2023 . Have ead which was renewed recently for 5 years. Waiting for interview but uacis status says next step is interview and when i check with annual fee tool of uscis by putting a number and reciept its says At this time, the Annual Asylum Fee payment is not due for this case. USCIS will issue a notice the first time the Annual Asylum Fee is due.
Do i still need to pay fee and how
You cannot pay the fee until USCIS notifies you. I wrote more about that above, but you should get a notice through the USCIS portal and/or by mail. If you are worried you won’t get the notice, you can also just keep trying to pay every few weeks and eventually, you should be able to do that. Take care, Jason
Hi Jason,
Thank you for your help!
I have a pending affirmative asylum for many years and a visa overstay of course befor that.
I read many many news articles for people who have some sort of pending applications being detained for months. We are scared for our kids to not be taken away and given to child protective services and we being detained for no reason for months and never see them again. They carge with “visa overstay” even though we have papers from the saying we can live here until our cases are resolved.
I’m increasingly afraid to continue living here with just soemthing lending and no US passport. They are at our playground, grocery store, street and ask everyone for US passport and detain those that don’t have and say things like “DACA or other pending applications don’t count any more, this is not a status”. Have you ever heared of submitting an inquiry with a senator to ICE on “good standing”, “no enforcement flags” on the record. I read they can search in two systems.
DHS Office of Legislative Affairs (OLA) and ICE Office of Congressional Relations both describe accepting constituent inquiries and responding through the member’s office.
Example: ICE OLA website (public) says they provide “assistance to Members of Congress and their staff concerning constituent immigration or enforcement-related matters,” after receiving a Privacy Act release.
Those offices can and do look up a person’s record in the ENFORCE Alien Removal Module (EARM) or ICE Integrated Decision Support (IIDS) systems to answer whether the person has:
An active Final Order of Removal
An open case in ERO (Enforcement and Removal Operations)
A detainer or notice to appear
They usually reply with something like:
“ICE/ERO has no active enforcement actions or detainers for this individual at this time.”
I’m feeling the same. I’ve been living in this country for 12 years, have kids who were born here, but I’m really scared of being detained and separated from them. I’ve started looking into options to migrate to another country where our family can be together. Unfortunately, I really can’t go back to my home country, and this makes me sad because I feel like I have no place in this world.
I have affirmative asylum as well and TPS and feel like potentially qualify for COR but nowadays seems like no one is safe.
From what I read in the forums and news and other lawyers say about the detained people right now they don’t accept PENDING for the purpouse to let you walk if they grab you. They put such people with anything PENDING in prison indefinitely. There are many different PENDING applications like Asylum pending. I read about 10 people with pending asylum detained. Not that they have the legal right to detain you or cause, no, don’t get me wrong, they don’t have such a right but they do it anyway, and all of you know why.
I think you have to be careful about that. I have read about such cases too, but in every case, the person either had a criminal issue or entered the US at the border without a visa. There may be exceptions, but those seem to be the majority of those who are detained, at least as far as I can tell. Take care, Jason
It is still possible to win a case at the asylum office or in court, and so it is important not to give up hope. Also, with TPS, you have an extra layer of protection. I have not heard about affirmative asylum seekers who entered legally being detained, and so if that is you, you should be relatively safe. Take care, Jason
I have not tried that and so I do not know, but there is no harm in contacting your Congressperson to inquire about this and see if they can assist. For affirmative asylum seekers who entered the US legally, I have not heard about such people being detained unless they have a criminal issue. The focus is on people who arrived at the border without a visa and filed for asylum. So if that is you, hopefully, you will be safe. Take care, Jason
Thank you, Jason!
They just go to the houses of people that are now legal and without criminal background and arrest them for visa overstay ten years ago. Explain to me how this guy has becore a police officer. #1 he has an ead, #2 he has legal presence, #3 he has no criminal history. And they go to his house to arrest him.
https://www.ice.gov/news/releases/ice-arrests-illegal-alien-serving-local-police-officer-suburban-chicago
We do not know the whole story about this person and so we have to be careful about drawing conclusions. Certainly, the info on ICE.gov is more propaganda than fact, and I would not trust what they say there. Take care, Jason
Absoluely legal person. Here is the statement from the police. He has a renewed ead and all background checks.
What I’ve been hearing is that they detain the people with DACA, BFD, Asylum pending, get arrested and they harras them and tell them to leave on their own and detain them indefinitely. That’s the new reality.
https://www.cbsnews.com/chicago/news/ice-arrests-hanover-park-police-officer-radule-bojovic/
I do think part of the strategy is to frighten people and get them to leave the country. What happened in this particular case, I am not sure, and I would trust the CBS News report over the ICE website. There are different bases to get a work permit, and there is just not enough public info about this case to know what has happened, Take care, Jason
Hi Jason,
Is there any updates from the Arlington Asylum office, if the are interviewing older cases in 2017?
My case is still pending and still waiting for an interview.
Thank you,
They are supposedly more focused now on new cases, but they are also still interviewing old cases (just not as many, apparently). It is a bit random which cases get interviewed, and so be sure to have all your evidence ready just in case you get an interview notice. Take care, Jason
Thank you for the insights, Jason!
Hi, my asylum case status recently changed to “Application Is Pending.” and then under it: “Before your application can proceed further, you must pay your Annual Asylum Fee.”
I wanted to ask, does this mean my case is pending only because I need to pay the new asylum fee, or for some other reason? I thought the default status for pending cases was usually “Next Step Is an Interview,” so I’m a bit confused
That is the message people receive when they are eligible to pay the fee. The article above discusses how to pay the fee and you should do that now. If you fail to pay, the case can potentially be dismissed. Take care, Jason
Hi Jason!
I don’t know whether you experienced this before but the IJ sent my case to BIA without individual hearing that i have been waiting for years.I had an individual hearing scheduled in few months after multiple cancellations, surprisingly there is no more date but BIA APPEAL due in few weeks without judge decision on EOIR. My lawyer is working on it but this a warning to all asylum seekers with pending cases nowadays.Please check your case often and have a lawyer.
Maybe the case was “pretermitted” (denied) because the judge considered the asylum application incomplete. For example, if the answers on page 5 of the I-589 form said something like, “we will submit an affidavit later,” and you did not describe in the form (or in a separate document submitted to the court) why you needed asylum, that can be a reason to deny. It is disgraceful that they do this, as they changed the rules in the middle of the game and are using that to harm people. I wrote about this issue on April 30, 2025. It is incredibly unfair, and hopefully, your lawyer can do something to assist. Take care, Jason
Sir, this is a little different question. applied asylum on political opinion been waiting for interview since 5 years. Its a lil weaker case since the govt in home country changed. Also in these last few years i was interested in judaism and converted to it in usa. As a converted jew with just ead and pending asylum. No other legal status can i apply for aliyah to israel since usa is becoming very unfriendly for immigrants and people are getting deported . Is it possible or i have to return to my home country to begin this process. Will i need to renew my passport too ?
I do not know about the law in Israel, but it may be possible to acquire citizenship there. You should talk to a lawyer in Israel to see what is possible, or maybe the Israeli government has info about this process. Also, I should note that if you intend to seek asylum in the US based on your conversion to Judaism, you need to inform the asylum office as soon as possible. There is a case called M-A-F- that basically says if you have a new basis for asylum, you need to inform the US government as soon as possible; otherwise, the new claim might be subject to denial under the one-year asylum filing bar (this is basically a sneaky way for them to deny asylum). Take care, Jason
Hi Jason is this news is real. If yes it’s not secure even if we hold a green card or US citizenship. We all thinking if we won the asylum that’s our end of our struggle . But this all keeping us more stressed.
https://www.newsweek.com/us-citizen-says-ice-detained-her-said-her-passport-isnt-real-10875767
ICE is now very aggressive and seemingly not very concerned about following the law, and so this is a big problem. However, in general, people with lawful status are safe, and even if they get stopped by ICE, the situation will (eventually) get sorted out. It is very bad, but I have not heard about people with status being deported, and I think if you have a GC, you should be safe. I did a post about what to do if you are stopped by ICE on January 29, 2025 if you are interested. Take care, Jason
Hi Jason, I’ve noticed some disturbing trends recently involving members of my community who are currently in immigration court. Several have been tracked and arrested by ICE officers in places like parking lots and malls, even though they no longer live at the address registered with ICE. This has happened in Buffalo, NY. I’m wondering if ICE might now have some way of tracking people through their phones or plate numbers or some other methods.
I don’t specifically know about that, but it is not hard to track people in many different ways. Unfortunately, ICE is being very aggressive and harming many people. I did a post about this issue on January 29, 2025 and maybe that would be of interest. Take care, Jason
Hi Jason, and all
I got my asylum approved a month ago after waiting for 9 years. Now I want to apply for a Green Card. I heard some people say you can apply for your Green Card right after asylum approval. Is that true?
You can apply at any time. However, at the time USCIS issues the decision, you must have one year of physical presence in the US with asylum status. If not, USCIS could potentially deny the case and you would need to start the process over. Most lawyers, including me, are recommending that people wait 6 months to file. I explained the reasoning in more detail in a post dated February 6, 2023. Take care, Jason
Hey Jason,
Please, I applied for Asylum in 2016, and have my interviewd this year, before the interview I can see my most recent and my travel history information on my I-94 website, but after like 6 weeks of my interviewd I can only see my most recent i-94 information, if I clicked on my travel history, it says no travel history information for this traveler, dose it means something?
I appreciate the good job your doing .
Sorry, I have not seen that before. I suppose it is possible that you are getting a new I-94, which would be good news (since it means asylum is granted), but I really do not know and you will need to wait for the paper notice to know the outcome. Good luck, Jason
Hey Jason ,
Thanks a lot for your help and great work . I was granted asylum 9 month ago and wanted to apply for travel document so I can go to Canada for Christmas . How much is it for a granted asylee and if you have any idea of the processing time
You would need a Refugee Travel Document, form I-131, available at http://www.uscis.gov. The fee is $165 if you got status based on asylum and you are over 16 years old, but double check the instructions, as fees sometimes change. In terms of time, unfortunately, these usually take a year or longer. You can try to expedite, but that is not easy. I wrote about expediting on January 29, 2020. Take care, Jason
Hi Jason
If i have been granted asylum and i have submitted my application for a RTD which takes a year or longer to be approved, but something happens and i have to travel to a 3rd country, can i apply for an Emergency Advance Parole?
I do not think so. I think you need to get the RTD. You can try to expedite that. I wrote about expediting in general on January 29, 2020 and maybe that will help. I think USCIS has limited its operations a bit during the government shut down, and so that may make it more difficult, but certainly you can try to expedite, and sometimes people do have success with that. Take care, Jason
Hello. Our asylum case has been pending for 11 years. We just had our interview in Boston and supposed to go back Friday to pick up the decision. I applied for advance parole for an emergency( did not go to my home country) last year and was approved. My question is if our case is approved do I get a new I-94 or do they update the one I got last year when I re-entered the country?
Thank you so much for your help
If asylum is approved, you will get a new I-94 indicating that you have asylum status. Good luck with the decision. Take care, Jason
Hi Jason,
I am extremely grateful for your time and support. Your blog has helped me tremendously throughout my journey.
I’m evaluating two routes for GC and wonder which one is faster and safer.
– Asylum Route: Applied for I-485 in March 2025 (now 7 months pending).
– Special Immigration Visa (SIV) Route: Recently approved based on my US government work in Afghanistan, where my life is endangered.
Based on my understanding, here are the pros/cons:
Asylum Pros:
– Already applied and in processing queue.
– Potentially faster GC and US passport (after 4 years with GC).
Asylum Cons:
– Case could reopen later.
– Country conditions might affect status.
– No travel to home country with GC.
SIV Pros:
– More stable, as it’s employment-based (US Govt.); unaffected by country changes.
– No fees for adjustment application.
– Possibly quicker GC.
Questions:
1. Are my pros/cons assumptions accurate?
2. If I apply for SIV-based I-485 now (with asylum I-485 pending), could I get GC faster via SIV?
3. Which route is more solid/reliable?
I know my question is a bit too specific. I appreciate your patience and very thankful for your understanding.
Sincerely,
Asylee
I don’t know enough about the SIV process to really evaluate this. Specifically, I do not know how long it would take. Also, I have seen at least one example where USCIS found fraud in an SIV case, and that resulted in problems for the person. So I do not know whether the SIV process would be faster and I do not know that it is less risky. On the other hand, I have never seen a green card case where USCIS concluded that country conditions had changed and that they could rescind asylum. Of course, things are different know, where the government is basically assaulting asylum from many fronts, but for a person from Afghanistan, who presumably had a strong asylum case (given that you must have received a positive Chief of Mission letter), it seems very unlikely that USCIS would try to revoke your asylum. Given that the I-485 has been pending for some time, I would expect a decision within the next year or so (hopefully within the next 6 months, but it is difficult to know, as wait times are very unpredictable). In that case, I am not sure it is a good idea to file another I-485 on another basis. Also, the asylee GC will be back-dated one year, which may get you to US citizenship sooner. All in all, I would be very hesitant to start another I-485 case when you already have one pending. Maybe you can put the SIV case on hold for now, and if issues come up with the pending I-485, file at that time? If you do plan to file a second I-485, you might want to talk to a lawyer first to look more closely at the specifics and evaluate whether that is a good idea. Take care, Jason
Thank you so much Jason.
Hello Jason, always grateful for what you do, I have read must of the Q&A on this post, I’m still a little confused about how much to pay, understanding that the fee is due, my asylum is from 2017 and my question is: do I have to pay $100 per year, or just from the date this new bill was in effect? USCIS web is very confusing about that. I don’t care about paying per year, just don’t want to give any reason to put my self in risk. On the other side, since my case was filed on paper, there are to many people or comments about changing your address online is not enough for paper filed cases, and like many other, I can’t see or couldn’t link my asylum case on my online account. Thanks again!!
PS: keep us updated if you see any changes from USCIS
USCIS is sending paper notices. They are also sending notices through the USCIS account/portal even though the asylum case cannot be linked to that. Alternatively, you can just try to pay the fee on the payment page. If USCIS accepts the fee, you should be fine, but I would take screen shots of the payment, so you have that in case the paper receipt never arrives. In terms of the amount, I think you just have to pay $100 each year going forward. You do not need to pay for prior years when the case was pending. Take care, Jason
Hello and thank you for all you do!
I am a dependent on my husband asylum case. Do you know if an asylum officer will request documents after the interview if he plans to deny your case? Our interview was 12 days ago but the officer just sent a letter yesterday asking for all my previous and current passports and my original birth certificate with the translation? Is this good sign?
Those documents would normally be collected at the asylum interview, and so maybe the officer just forgot to get them (many officers are new and not very experienced, so such issues happen from time to time). I do not know that it is a good or bad sign, but at least it shows they are working on the case, so hopefully, you will get some positive news soon. Take care, Jason
Hi Jason,
My lawyer asked me to pay the fee, and the system accepted my payment. However, I forgot to take the screenshot before submitting the payment, assuming that I’d be able to print the receipt at the end (as many systems allow you to do!). But now, the only window that I’m getting says “You successfully submitted your Annual Asylum Fee” and that I’d receive a receipt by mail to the address on the I-589 (since my initial application was by paper). For all intents & purposes, my payment seems to have gone into the ether without me having a record of having made it (other than the screenshot of the stock AAF sucessful submission screen, and the transaction on my credit card statement).
When I try to re-enter my A# and receipt #, I get the “At this time, the Annual Asylum Fee payment is not due for this case.” message. Should I just wait for the paper receipt to come to my current address (which is different from the address on my initial I-589, since I’ve moved addresses and asylum offices since then)? Or should I try contacting USCIS for a receipt, maybe? I’m a bit worried I might be in limbo here. Any advice is welcome. Thanks.
I think you will be alright – you have proof of payment from the credit card, and they should send the notice of payment to you (and hopefully to your lawyer, though I am not sure yet about that). Take care, Jason
Hopefully it will be, thank you as always Jason.
Dear Jason,
Thanks a lot for always helping the asylum community. My case was referred to court for Master hearing. I need to ask , how can this hearing be an online one. Where can we apply for online hearing considering the current situation where applicants are being detained at their hearings. I have three kids age 20 , 18 and 16 with my spouse. They send us letter for each dependent member on my case to appear at hearing in court.
Do all the dependents go to master hearing at court. What is your experience. As my college going kid have finals during those dates. Can this b a reason to not bring the kids to court or to ask for virtual hearing. Plz advise
Usually if a person does not have a lawyer, they have to appear in person. Everyone needs to appear at the hearing, but after the first hearing, they will usually allow younger children to skip future hearings. Since our children are a bit older, the judge may require them to attend. If you get a lawyer, the hearing may automatically change to online or the judge may require your lawyer to submit “written pleadings,” which basically means to do the first hearing in writing, rather than in person or by video. However, some judges require people to appear in person for all hearings, and so it really depends on the specific judge. In general, the people getting detained in court are people who entered without a visa at the border, and so if you came here with a visa, filed for asylum, and were then referred to court, you probably would not be targeted for detention in court. It would be a very good idea to talk with a lawyer as soon as possible to see what is happening at your local court and determine whether you can avoid attending that first hearing in person. Take care, Jason
Hi Jason,
If i move to a different state, my pending asylum case will be transferred to the new office. How long does it take? Will this reset the time i have waited already? Will that delay getting interview? Thank you!
If you move you have to file a change of address, either through the USCIS portal or using form AR-11 (both are at http://www.uscis.gov). I think this process is quick and that it does not affect your place in the queue (to the extent there is a queue), but I do not know for sure, as we have heard very little from the asylum offices about this process. Take care, Jason
Dear Jason,
My asylum case was referred to court last week and I have my first court date in two weeks. What are my options what will happen with next court date?
Do I have an option to file asylum again with USCIS of so what happens to the current court hearings?
Thank you
Did you enter with a visa or cross the border ?
Where is your court ?
If your asylum case was sent to court, you do not have to re-apply for asylum; that application is already with the court. I wrote about what happens after a case is referred to court on March 7, 2018, and maybe that would be of interest. Take care, Jason
Is the fee applicable for cases filed after oct 2024 or also applicable to cases filed in 2027 and in immigration court? Please advise
The initial fee applies to all new cases, and the annual fee applies to all pending cases, regardless of when they filed or whether they are in Immigration Court or the asylum office. Take care, Jason
I saw the receipt today from someone who paid the Annual Asylum Fee in removal proceedings at the EOIR website. The receipt said “Please note that there is an annual fee for all asylum applications, which is due on the anniversary of each calendar year that an alien’s asylum application remains pending; no fee-waiver or reduction in fee is permitted. This fee must be paid timely; failure to pay within 30 days of the anniversary date will likely result in pretermission of the asylum application and an order of removal. This will be the only notice that the alien will receive regarding this annual payment requirement.”
Kafkaesque doesn’t even begin to describe it. We get no notice of the requirement to pay, how to pay, or the consequences, until we’ve already paid.
And worse, you can’t actually pay the annual fee. It is only possible to pay the “initial fee” (though I have not checked the system since Friday, so maybe that has changed). Kafka was an amateur compared to these guys. Take care, Jason
Hello Mr. Jason,
Thanks and really appreciate for your guidance.
I had interview today in AO. They gave me a letter to pick up the decision in 14 days. I didn’t check that time now I just checked and found out, on the left top my name and under my name they wrote “ Re: A………” ( 9 digit numerical number)
But this number is different than my A number. My A number on I589 form is different than this 14 days letter number.
Is this normal or mistake or any specific reason ?
Hello RAJ, could you please share with us what kind of questions were you asked by AO during your interview so that we could work on it for our own interview, It would be highly appreciated.
Regards.
Hello Mr. Jason,
Thanks and really appreciate for your guidance.
I had interview today in AO. They gave me a letter to pick up the decision in 14 days. I didn’t check that time now I just checked and found out, on the left top my name and under my name they wrote “ Re: A………” ( 9 digit numerical number)
But this number is different than my A number. My A number on I589 form is different than this 14 days letter number.
Is this normal or mistake or any specific reason ?
It sounds like an error. You can email them and let them know about this. I would send a copy of your asylum interview notice or other document with the correct A number + the pick up notice with the wrong number. The pick up notices are informal and often written by hand, and so it is probably not an issue, but it is better to let them know. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Thank You Sir, I’ll send them an email and I’ll visit there on Tuesday.
Hi Jason,
Thanks for your support for the asylum community in this perilous time.
I have a few questions, as an asylee how should I prove that I am authorized to work in the US? Is it by just informing the new employer or I have to show them documents such as the EAD and/or asylum approval documents? Also do I need to tell them that I am an asylee or just let them know that I am allowed to work?
Lastly, are there any risks for being detained while at the biometrics appointment and if so, how can one prepare or avoid that?
Hi Charlie,
You are not legally required to disclose your immigration status for most of the jobs, however you do have to demonstrate your employer your EAD/ work permit, so that they should be able to successfully verify your I-9 for Employment Eligibility. If you are a granted asylee, you could give them your social and tell them to run your I-9 without EAD. If you don’t mind telling them, asylee is a permanent immigration status which is eligible to work indefinitely as long you could prove your status is valid. They should not give you a hard time because of this. To save yourself from any future trouble, you could apply for an EAD so that you don’t have to explain your status to future employers, hope this helps.
You do have to show valid I-94 to be approved for I-9, so you cannot hide your immigration status., Whether your employer disqualify you because of your status is a separate issue. If you have an EAD the document itself serves as proof of eligibility to work.
If you have asylum, you should have a work permit (category a-5) and you can show them that. If you do not have a work permit, you can get one. The first EAD based on asylum approved is free, so you can apply for that if you do not have it. Even without the EAD, an asylee can work legally (see http://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/70-evidence-of-employment-authorization-for-certain-categories/73-refugees-and-asylees), but life is much easier if you have the EAD to show employers. In terms of the biometric appointment, I have not heard about anyone being detained there, and if you have asylum, there would be no reason to detain you, unless you committed a crime or some type of immigration fraud. Take care, Jason
Thanks!
Dear Jason,
I clicked on the web page that prompt with a description to pay for “I need to pay my annual fee for Form I-589, Application for Asylum and for Withholding of Removal.” However, after typing in the A number, receipt number, the result came back only with a message, “You successfully submitted your annual asylum fee”, with no receipt number, no email, no information related to my case whatsoever. I do not think it is a valid proof of payment for this cause. However, I do see my credit card payment came back with a transaction titled ” USCIS I-589 ANNUAL FEE”, with the merchant type of “government services”, do you think it is sufficient proof of payment?
In addition, I changed my address with USCIS online account a long time ago. However, my asylum case is paper based so right now I couldn’t seem to figure out the approach to link it with my USCIS account, not sure if there is any. However, if I change address through the online system, is it possible that the paper based asylum case never got updated? Will they send notice to my address on file on the paper case instead of the updated address online? How do I know if I am going to receive a notice at all? I could not seem to see any updates on the case at all except for a “next step in your case is an in-person interview”, please advise.
I would keep a screen shot of the payment if that is not too late, and also the credit receipt. These should be ok proof of payment, but you should also receive a receipt in the mail (or maybe through your USCIS portal). I have heard that USCIS will mail receipts, but I do not know anyone who has actually received one yet. Why they did not just create an online receipt after you pay, I have no idea. In terms of the address, if you changed it online, that should be enough. The problem is, there is no receipt for that either (at least for the last year or two) and so the only way you will know is if you get a piece of mail from USCIS. We have had many clients change their address online and as far as we know, it has always worked, but it is impossible to know for certain. You can keep an eye on the USCIS online updates and if it changes to “interview scheduled” then you know you should receive mail soon. If you do not receive mail within about a week of that message, you can email the local asylum office to ask about the interview. It is not a great system, but it is the best we have at the moment. Take care, Jason
Hi Jason,
I applied for asylum on Aug, 2018. I am keep checking if I can pay the fee, but when I am entering my A number, and receipt number. There is nothing to pay besides an error message.
I created online account a while ago but I was never able to add my asylum case on it and that’s why I did not use it. Is this something that can be a problem to us later ?
You have to wait for USCIS to contact you before you can pay. Even if you cannot link your asylum case to the USCIS account, they still seem to be contacting people that way to pay the fee. Once you receive the notice to pay, you will be able to make the payment on the USCIS asylum fee payment web page. Take care, Jason
Paying the asylum fee is super easy. First I checked my status by entering my receipt number. They clearly stated I have to pay the $100 fee. My case is pending for 7 years. Then I went to asylum annual fee under my USCIS.gov, no account needed, you just enter your A number and the receipt number. After I paid the message on my USCIS case status has no more request to pay $100. They said I will get a paper receipt in the mail since I filed paper application.
Hopefully, they will make it so everyone who goes to the payment page can pay. Currently (or at least as of early this morning), you could only pay the USCIS fee if you got a notice to pay. While I think the notices are important, so people know they have to pay, there is no reason why USCIS should not accept the fee for anyone wanting to make a payment. In terms of the receipt, you should get that in the mail, but it is a good idea to keep a screen shot of the payment, just in case the receipt does not arrive. Take care, Jason
What about a couple that files one asylum case for both with USCIS? $100 or $200?
One practical question:
How are applicants getting the payment request notice on MyUSCIS if they don’t have an I-589 case on MyUSCIS?
By that I mean, I have only ever seen USCIS notices appearing on MyUSCIS under a specific case that they correspond with, so if there is no I-589, where within the MyUSCIS user profile are applicants finding this notice?
Thanks
I talked to an asylum officer yesterday and was told that the office is preparing to mail out notices to people. I have not actually seen that yet, but I do not know that there is any other way to communicate with most people aside from mail. Some have USCIS accounts, but many do not, especially the older cases. Take care, Jason
Thanks Jason
I think the part that says “If your case is at the Asylum Office, you can pay by check, money order, credit card, etc. at the time you file” is only true for about three more weeks, when USCIS will stop accepting money orders and checks.
On another note, I was told that all Circuit Ride asylum interviews are cancelled and there will be none for the foreseeable future.
I have not heard about either of those, but I would not be surprised. I have heard that at least in VA, they are focusing more on new cases than older cases. Take care, Jason
From USCIS Filing Fee Web Page: Alert: USCIS has implemented a new way to pay fees using electronic debit from a U.S. bank account. Effective immediately, individuals can make transactions directly to USCIS by completing and signing Form G-1650, Authorization for ACH Transactions, and filing it with their applications, petitions, or requests. USCIS will continue to accept paper check and money order payments in addition to credit and debit payments until Oct. 28, 2025.After Oct. 28, USCIS will accept only ACH debit transactions using Form G-1650 or credit card payments using Form G-1450 for forms filed by paper without an exemption. USCIS continues to accept online payments for forms filed online.