Last year, the One Big Beautiful Bill created a filing fee for asylum and an annual fee that asylum seekers must pay each year their application is pending. Unfortunately, the roll out of the fee payment system was a mess. It was impossible to pay the fee unless you first received a notice from USCIS or EOIR (the Executive Office for Immigration Review–the office that oversees our nation’s Immigration Courts), but some people were able to pay without receiving a notice. Other people were not able to pay even with the notice. Many people never received a notice at all. The fee was temporarily paused by a lawsuit, but then went back into effect. In short, the whole annual asylum fee (AAF) system is confusing. It’s also frightening, since failure to pay could result in your asylum case being denied.
For many asylum seekers, the window to pay the AAF closed before they could pay (or before they even knew they were required to pay). Recently, however, the window has reopened for some affirmative asylum seekers, and they have been able to pay the fee. Of course, this happened without an announcement from USCIS; we know about it only because some asylum seekers have reported that they are now able to pay the fee. We do not know how long the payment window will remain open, and so if you have not yet paid the AAF, the time to do that is now.
There are two ways to pay the AAF. One way for affirmative asylum seekers (people with cases at the Asylum Office/USCIS) and another way for asylum seekers in Immigration Court.
For affirmative asylum seekers (at the Asylum Office), they pay through the USCIS Annual Asylum Fee Payment Portal. To make the payment, you will need your Alien number and your receipt number. Both numbers should appear on your asylum receipt and your biometric notice.
If you try to pay the AAF and the website won’t accept payment, there are a few actions you can try, as recommended by ASAP, the Asylum Seekers Advocacy Project. First, document your attempts to pay. Take a photo or screenshot, or print the USCIS message that says that the payment period has expired. Record the date. Second, contact USCIS to ask them to reopen your case to allow you to pay, because you never received the payment notice. You can call USCIS at 800-375-5283 or go to the USCIS website and click “Need Help? Chat with Emma” at the bottom right side of the screen. Ask for a service request number. Record that number and the date. Third, you can request that your congressperson contact USCIS for you. You do not have to be a U.S. citizen to do this. You can find contact information for your congressperson here: House of Representatives or Senate. Keep documentation of any efforts the congressperson’s office makes on your behalf.
ASAP has also filed a lawsuit related to the asylum fee. The lawsuit has temporarily stayed (blocked) USCIS from imposing a penalty for failure to pay the AAF. However, the situation is fluid and the stay could end at any time. For this reason, it is important to pay the fee as soon as possible, or if you are unable to pay, to document your efforts to make the payment.
For people with an asylum case at the Immigration Court or the Board of Immigration Appeals (BIA), they also need to pay the annual asylum fee. The court or the BIA should issue an order informing you that it is time to pay. However, these orders are not always issued, and if you have an asylum case pending at the Immigration Court or the BIA, you should make the payment now.
For the Immigration Court or the BIA, you can pay the AAF at the EOIR Payment Portal. You will need your Alien number to make the payment. After you pay, you will get a receipt, which you should save and then file with the Immigration Court or BIA.
If you fail to pay the AAF, the Immigration Court or BIA can deny your asylum application. If that happens, you will remain eligible for Withholding of Removal and protection under the United Nations Convention Against Torture, but these are inferior forms of protection and they are more difficult to obtain than asylum. For this reason, it is important to pay the AAF to preserve your opportunity to seek asylum in the United States.
The asylum fee is cruel and pointless, and is often difficult to pay. It seems that the main purpose of the AAF is to harm vulnerable immigrants and the agencies that support them. It also punishes people for delays caused by the U.S. government. While litigation may mitigate the damage caused by the AAF, payment of the fee is required by law, and for asylum seekers who have not yet paid, it is crucial to make the AAF payment as soon as possible.
Its 2026, Since 2017 Asylum filed and waiting in court now with 2030 asylum EAD.
2020 almost killed and file 2021 uvisa waiting now. Uvisa BFD and DED EAD 2024 on hand.
total yrs, asylum 9ys n EAD 5yrs till 2030;
uvisa wait 5yrs since filed n EAD 2yrs, till 2028. Family done fingerprinting 1yr 6months now at country US embassy. When will they be issue their visa to come.
For the Uvisa also, Will my family be issue Uvisa the same month when I am given? Will they be allowed to come wait for the GC in the US together when uvisa is issue?
Still waiting and working in silence. Will there be an end to any? Which will be sooner? Or what can. I HOPE FOR FIRST AND FASTER?
When will my story end? Waiting for almost 10yrs no change.
I don’t really understand the question, sorry. If you were granted asylum, your family came come to the US based on form I-730. The time frame is not predictable and these days, the government is putting a lot of obstacles in the way to block relatives from coming here (though it is still possible to get here). In terms of the U visa, I do not know the time frame or exactly how it works for overseas relatives, as I have not done such a case. In some cases (for the I-730 at least), it may be possible to expedite or file a mandamus lawsuit. You may want to talk to a lawyer to discuss your options. Take care, Jason
Hi Jason,Hope you are doing fine.
I wanted to get your opinion about my asylum case.
I’m a Georgia resident and had my affirmative asylum interview at the newly opened Atlanta Asylum Office 3 weeks ago on August 3 ,2026. It went pretty well and officer was so nice and told me I will get a decision by end of August,A week ago USCIS contacted my attorney and scheduled a second interview for September 9th, only about one month after my first interview.
1. Have you seen second interviews scheduled this quickly before? I had heard that second interviews are often scheduled several months later, sometimes to revisit or verify testimony. Since mine is only about a month later and everything from my first interview is still fresh in my memory, what could be the reason for such a quick follow-up?
2. Could it be related to my additional evidence? I submitted about 338 pages of additional evidence and country reports 10 business days before my first interview. The officer confirmed that he received and reviewed it beforehand, although I got the impression that he may not have reviewed everything in detail. Could he have reviewed more of it afterward and found something he wants to ask me about?
3. Could the scheduled time indicate a shorter interview? My first interview was at 8:30 AM and lasted about 2 hours and 45 minutes. The second one is scheduled for 11:30 AM. Could that suggest they expect this interview to be shorter or more focused?
Overall, have you seen a similar situation before, what do you think could be the reason for the second interview, and what would you suggest I focus on when preparing for it?
Thanks a lot!
1 – Yes, second interviews are sometimes scheduled quickly. Maybe the officer presented the case to the supervisor and the supervisor had additional questions, or maybe the officer forgot to ask something. It may also be that the background checked revealed information that raised more questions. I wrote more about second interviews on June 22, 2022 if you are interested. 2 – Maybe, but the officers usually rely on their own country condition evidence and don’t care too much about evidence that the applicants submitted. If the evidence was specific to you, it might raise some additional questions for them. 3 – Maybe, and usually second interviews are shorter (not always). 4 – In terms of preparation, talk to your lawyer about what the lawyer thinks might come up. Also, you can take a look at that article I wrote for more general advice. I think a second interview is potentially a positive sign – at least they are considering the case carefully. Take care, Jason
Thanks a lot for your reply، I also have one more concern.
How likely is it for ICE to arrest someone at or after a USCIS affirmative asylum interview, particularly a second interview? Have you personally seen or heard of cases where an asylum applicant was detained by ICE when appearing for an interview at a USCIS/Asylum Office?
I’m a little concerned because immigration enforcement activity in Georgia appears to have increased significantly recently. I’d appreciate your thoughts on whether attending a second interview creates any meaningful ICE detention risk.
I have heard of only a very few instances where ICE went to the affirmative asylum office, at least in my local area (Virginia). In most cases, the person had a criminal record, but I think there was one case of a Venezuelan person who did not have a criminal record, but I do not know the details of the case or if there may have been some reason that person was targeted. So I think the chances of being detained are very low. That said, you never know for sure with ICE, as they do not seem to respect any rules or norms, and so you should have a plan just in case something happens. Again, I think it is very unlikely, but it never hurts to have a plan. Take care, Jason
Hi Jason,
Quick update before my second interview this Wednesday. USCIS sent and RFE and asked me to bring my original military-service records, , but I no longer have some originals because the Iranian conscription authorities kept them when my educational exemption was approved. I do have scans of original documents from 2021 that I previously submitted to the U.S. Embassy in Islamabad for my student visa.
I have also documented why obtaining new records from Iran would be unsafe and impossible , since it would require a Power of Attorney through Iranian consular channels and disclosure of sensitive personal information including my US address and phone number, education and work history and also they ask for my residency status or if I apply for asylum and reason for asylum claim to Iranian Authorities.
Do you think USCIS could deny the case because I cannot obtain original military documents , or is there any rule that says if documents cannot be reasonably obtained i will get protection ? Since I can explain this directly to the officer on Wednesday, is there anything specific you recommend I say or avoid saying?
Thanks a lot!
USCIS seems to be looking for excuses to deny cases, and I suppose they could believe that the records are obtainable. You can Google “State Department reciprocity chart” and look for Iran. If you scroll down, you will see an entry for military documents. These are the documents that the US government thinks you should be able to get from Iran. In my experience, this chart is not very accurate, but it is good to know what the US government thinks you should be able to obtain. Otherwise, all you can do is give them what you have and explain (with evidence if possible) why you could not get certain documents. If you have tried to obtain documents, you can also explain your efforts and if anyone was helping you, get a letter from that person. Hopefully, explaining what you did and why certain documents were not available will be enough. I am not sure about things to avoid saying, as I do not know the case, but where the government thinks you have helped persecute others or had control over prisoners, those can be reasons to deny a case. Take care, Jason
Hi Jason,
Thank you for all that you do keeping us all informed. Greatly appreciate it!
Qq: I am an asleep based green cardand applied for my citizenship this year. I recently received my RTD that I applied for two years ago, and would like to travel to the US Virgin Island. I just read on Google that
“The Return Flight Exception (CBP Screening)When flying to the islands, you only pass through regular TSA security. However, when flying back from the USVI to the U.S. mainland, you must pass through a full CBP Pre-clearance inspection right inside the St. Thomas (STT) or St. Croix (STX) airport before you are allowed to board your plane.The Process: A CBP officer will physically inspect your Green Card and passport, and you must clear an agricultural baggage checkpoint.Time Management: Because this extra federal security line can get congested, you must arrive at the airport at least 3 hours before your departure flight.”
Since US Virgin Isalnd is a US territory,can I travel there with my green card ot its risky to even go to the airport at this point considering what’s going on?
Thanks
You should treat travel to the Virgin Islands in the same way you would treat traveling to another country. With an RTD and a green card, you should have no problem returning to the U.S. mainland (assuming of course that you have no criminal or immigration issues). Take care, Jason
The Trump Admin to revoke B1/B2 Visas
https://thehill.com/homenews/administration/6048047-mass-b1-b2-visa-revocations/
Hello Attorney Jason, I just read that the Trump Admin is planning to revoke visas from 2016 to 2026.
This is scary as most people came here on tourist visas before filing for Asylum.
I am from Kenya and filed in 2021 because I am a Gay. I entered on a tourist Visa and filed before my Visa expired.
1. How will this affect my Asylum claim?
2. If the worst comes to the worst, can they deport me to Nairobi Kenya?
3. I am so stressed and looking for people who are going through the same process for advice
1 – I do not see how it will have any effect. The purpose of the visa is to allow you to enter the US. The only effect this change will have is that if you leave the US, you will not be able to return on the same visa. In other words, unless you leave the US, revoking your visa has no effect on you while you are inside the US. 2 – If you lose your asylum case, get referred to immigration court, lose that case and lose the appeal, they can deport you to Kenya. That has always been the case, and revoking the visa has no effect on that. 3 – The best thing to do is to prepare your case: have evidence that you are gay (letters from people who know you, membership documents for LGBT organizations, photos at LGBT events, therapist letter, etc.) and evidence of any harm you suffered in Kenya due to your sexual orientation. Also, have evidence of country conditions for gay people in Kenya. I do not know you or your case, but in general, an LGBT case from Kenya would be a strong case, as long as you filed for asylum on time and have no bars to asylum (and if these are issues, talk to a lawyer about how to address them). Take care, Jason
Dear Jason,
AP says that more than 200K visas will be cancelled, those who came long time ago and filed an asylum. Here: https://apnews.com/article/trump-rubio-visas-revoke-e9c14fdfd0ada439d2b9d8694e678a46
What, you think, does that mean for the people who have already had two interviews at USCIS office and still waiting for the decision? Those visas, obviously, have already expired long time ago, but why are they doing this? Does revocation the visa that has already expired legally change anything for the people who are still waiting? Please share your thoughts. We are absolutely terrified.
Thank you!
I think it is pretty meaningless. Not only have most of these visas expired, but also, the visa is only related to entering the US. Once a person is inside the US, the visa is irrelevant. It would only be an issue if the person leaves the US and wants to re-enter with the same visa. Why they are doing this, I am not sure, but my guess is that they want to look tough and they want to terrorize innocent non-citizens. Take care, Jason
Can’t, you think, this move be a some sort of an implementation of making over-stayed visa people, who filed an asylum on time, even more ‘illegal’?’ For example, they might say, oh now your pending asylum case is definitely goes to the court because, let alone, you were out-of-status technically, but not you are even more double-out-of-the status?
I don’t really see that. There are some people – mostly people who arrived recently and filed for asylum – who are still “in status” at the time of the asylum interview, and those people might not have been referred to court if the asylum application is denied, but I suspect there are very few people in that situation. Otherwise, at least for now, I do not see how revoking the visas will have much effect. Take care, Jason
Hi jason, my case has been in IC since 2018.
I was meant o have an IH in 2020- covid hit and i didn’t have a new date neither is the caae assigned to a judge. Its just in the backlog since then when i check eoir it says no future hearing date for this case and case is pending.
Got married in 2023 and filed for i130 which got approved in dec 2025.
Im not sure why my lawyer had to wait so long though but in june she filed for a motion to terminate the case in Court so i can get my GC through uscis by applying for i485. Its been almost 2 months and we have not heard from the court yet, whenever i check eoir it still says no future hearing doe this case and no appeal received.
Im confused on what to do, i didnt receive any acknowledgment receipt for the motion she filed and its 2 months already.
Please what so you advise in this scenario , its in Newark court, any idea of the eta for these type of cases that are not assigned to a judge and a termination is filed so we can file for gc with uscis? Please any asvise is appreciated
There is no receipt when a motion gets filed, though if it is filed online, your lawyer can see that on the attorney portal, or if it was filed by paper, you can ask for a stamped copy as proof of filing (this is done at the time of filing). The lawyer could contact the judge’s clerk to ask about the status of the motion (in a new development, some judges do not want lawyers communicating with their clerk, and so the lawyer would need to see if this is even possible) or file another document asking about the status of the motion. The lawyer could also contact DHS (the prosecutor) to see whether they might agree to the motion (usually, these days, DHS will not respond to such inquiries, so many lawyers won’t do them as they are mostly a waste of time). The lawyer could also file a separate motion to request that the case be scheduled for a master calendar hearing. I do not know about the time frame for a motion, as it varies by judge, but usually they are decided in a few weeks, and so in this case, it may be worthwhile to follow up.
Hello Jason, I have been waiting for my affirmative asylum interview for over four years, and I am looking to file a writ of mandamus in Virginia (I have attorney for mandamus). I would be highly grateful for a consultation to have you review my case. I truly feel your review will add great value, and I would be honored if you could represent me. Could you please let me know your availability and how I can book a consultation?
Thank you very much for your time and help.
I haven’t announced it yet, but I have moved to an immigration non-profit organization, and so I am not taking private cases. However, my former firm is able to assist and they do many asylum cases. They are at intake@murrayosorio.com. Take care, Jason
Thank you Jason, Since you mentioned moving to an immigration non-profit, I wanted to ask if your organization handles affirmative asylum cases for individuals. If there is a public intake process or a way to see if I qualify for your organization’s services, I would be very grateful for that information.
Thank you again for your time and for all the invaluable insights you share with the asylum community.
For now, I think you would be better off contacting my old firm, as I have not yet learned the procedures of the new place or what the capacity is to take new cases, and I do not expect this to be sorted out for at least a few weeks. Take care, Jason
Hello Jason, I have been waiting for my asylum interview for over 4 years. While I already have a lawyer for my mandamus lawsuit here in Virginia, I would like to schedule a consultation with you to review my asylum case itself. How can I set up a consultation with you? Thank you.
I haven’t announced it yet, but I have moved to an immigration non-profit organization, and so I am not taking private cases. However, my former firm is able to assist and they do many asylum cases. They are at intake@murrayosorio.com. Take care, Jason
Hello Mr. Dzubow,
My nephew has an approved I-730 from Turkmenistan (one of the banned counties). He was denied boarding foil last September. However, we now find out about this case https://e1.nmcdn.io/assets/irap/wp-content/uploads/2026/07/ECF-128-Order.pdf
It looks like a federal judge in Virginia now ordered the Trump administration to make an exception for follow-to-join refugees (which includes my nephew). Although the ruling in Virginia was for Afghan asylum seekers, I am reading that this applies to all other cases from banned countries that were listed in Trump’s proclamation from June 2025. Could you please let me know if you have heard about this ruling and your interpretation (i.e. does it apply to other countries other than Afghanistan)?
Thank you!
Maysa
I don’t know specifically about that ruling, but my understanding is that I-730 beneficiaries should not be affected by the travel ban. US consulates have been denying and delaying their cases anyway. I think it would be worth reaching out to your Congress person about this – you can find contact info if you follow the links under Resources called House of Representatives and Senate. Also, it would be worth discussing with a lawyer to see how best to approach the previous denial. There are some examples of I-730 beneficiaries coming to the US, but I do not know details about what consulates they processed cases at. Take care, Jason
Hi Jason,
Does the recent advance parole ruling affect people with adylum pending before USCIS who entered legally? Thank u
I do not think it would affect their ability to adjust status based on marriage to a US citizen, for example, but it probably depends on what they are trying to do. I would recommend you talk to a lawyer about specifics to see if the new case affects you. Take care, Jason
Hi Jason. What is the minimum amount of time I need to wait before filing a successful mandamus lawsuit for affirmative asylum these days? My lawyers said it’s five years minimum all over the country, but I wanted to double-check if you have a different experience. Thanks.
That is also what I have been hearing. I think you could file before then, but USCIS would resist and so the case would be a fight (and thus more expensive), and there is also a good chance that it will not be successful. You can try to expedite the case, as long as your attorney is ok with that. I wrote about expediting on March 23, 2022. Take care, Jason
Hi Jason,
I have a question regarding Form I-485. I am confused about whether I should type “N/A” or leave a box blank when a question does not apply to me. Specifically, how should I handle the following sections:
1. Middle Name: Should I leave this blank or type “N/A”?
2. Other Names Used: For the family name, given name, and middle name fields in this section, should I leave them blank or enter “N/A”?
3. Family / Children Sections: In Part 6 (Question 3) regarding my spouse and Part 7 (Question 1) regarding my children, I answered “None.” Should I leave the remaining name fields for them completely blank, or should I fill them out as “N/A”?
4. Mailing Address: For the “In Care Of Name” field, should I leave it blank or write “N/A” if it does not apply?
5. Interpreter / Preparer Sections: If I did not use an interpreter, should I leave this section blank or write “N/A”?
6. Conditional Yes/No Questions: Some questions state, “If you answered ‘Yes’ to the previous question, answer this question.” If I answered “No” to the previous question, should I leave the subsequent Yes/No check boxes completely blank?
Thank you very much for your assistance and guidance.
You can mark N/A in boxes that do not apply. I have seen once in a while where USCIS screws this up and puts “N/A” as the person’s middle name, and sometimes, I just put dashes — instead for the middle name question. I have not seen USCIS denying applications recently due to blank spaces (where people failed to write “N/A”), but they change policy so frequently that it is probably safer to write N/A when there is no answer. For questions like in 6, when the answer is “no,” I have left the sub-questions blank and that has always been ok. Take care, Jason
Hi Jason,
1. Is traveling domestically as an asylee (won asylum) safe?
2. Is traveling with RTD international safe?
1 – I have not heard about anyone with asylum who had trouble traveling domestically. Make sure you have evidence of your status (your RTD would be good evidence for that). 2 – I think that is safe as well, as long as you do not go to your home country. For both situations (1 and 2), if you have criminal issues or other immigration problems, talk to a lawyer about that before traveling. Thank you, Jason
Dear Jason,
Thank you for your support!
I paid it last year. This year though, I have tried a few times, to include right now, but it 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.’ (while it actually is not a first time).
I also tried to find my case on EOIR, and it apparently says: “No case found for this A-Number.”
Am I good yet, you think? I think, I paid my first asylum fee last year right once it was initiated prior to the court decision. Since then, I have been checking the web-site frequently, but I have been getting the above mentioned notifications only.
I think if you paid the fee previously, you are probably ok. If you are close to the date when you last paid, you can take screen shot of your attempt to pay and note the date. That way, if there is ever a question, at least you have some evidence that you tried to pay. Take care, Jason
Hi Jason,
If I paid in October, do I have to wait until October or is it fine to pay early?
There is no clear rule about this, at least as far as I have seen, but I think you are better off paying the fee a bit earlier than you paid last year. I think it is too soon now, but maybe you can pay a week or two before your one year anniversary. Take care, Jason