New York, United States — immigration · immigration

How to Pay the Annual Asylum Maintenance Fee in New York

If you have a pending asylum application (Form I-589) in New York that has been open for over a year, you are now required to pay an annual fee to keep your case active. While a recent court injunction prevents immediate deportation penalties, failure to pay can still threaten your status. Here is how to pay the fee to USCIS or the Executive Office for Immigration Review (EOIR).

Understanding the New Annual Asylum Fee Rules in New York

Navigating the United States immigration system from New York can feel like an uphill battle, especially under the sweeping changes introduced by Public Law 119-21 (also known as the H.R. 1 Reconciliation Bill). Under these federal regulations, anyone with an asylum application (Form I-589) that has been pending for 365 days or more must pay an Annual Asylum Fee (AAF) to maintain their pending status. This applies whether your case is affirmative (with USCIS) or defensive (before an immigration court). Many asylum seekers arriving in New York from countries like Venezuela, Colombia, China, or Ecuador now face this unexpected financial burden while waiting years in backlogged systems.

For 2026, the fee is set at $102 for affirmative applications pending with USCIS, and $105 for defensive applications pending in Immigration Court (EOIR). Unlike most immigration applications, the law specifically prohibits fee waivers or exemptions—meaning financial hardship does not excuse you from paying. While a crucial federal lawsuit (Venez. Ass'n of Mass. v. USCIS, D. Mass. 2026) successfully blocked the government from immediately rejecting or dismissing applications for non-payment, the fee remains legally owed and actively collected. Keeping up with this annual requirement is vital to protecting your road to safety in the United States.

How and Where to Pay the Fee Based on Your Case Status

To pay the annual asylum fee, you must first determine which government entity is currently holding your file. If your application is pending with USCIS, you must pay online via the USCIS payment portal. USCIS is supposed to send you a 30-day payment notice, but administrative delays mean many asylum seekers in New York never receive their physical notices. You should proactively check your case status online using your Alien Registration Number (A-Number) and your Form I-589 receipt number.

If you are in removal proceedings and your case is before an immigration judge at an Executive Office for Immigration Review (EOIR) court—such as the Varick Street or Broadway courts in New York City—you must use the EOIR Payment Portal. You will select the option for 'Court - Form I-589, Annual Asylum Fee for Asylum and for Withholding of Removal (AAF)'. Since judges have the authority to set their own deadlines during hearings, it is critical to pay within the exact window ordered by the judge and submit proof of payment directly to the court clerk and the government attorney (OPLA).

Protecting Your Future with Proactive Steps

Dealing with these rapidly shifting fee mandates on top of the stress of building your asylum case is exhausting. The government places the entire burden of monitoring the calendar on you. Because a failure to pay could complicate your pending work permit (EAD) renewals or leave your case vulnerable to future penalties once court battles settle, taking proactive control of your case file is non-negotiable.

This guide does not constitute formal legal advice, and Caunsel is not a law firm. However, you do not have to handle this confusing process alone. You can use Caunsel to research the latest fee updates, organize your payment receipts safely in a secure digital case file, or match with an independent, experienced New York immigration lawyer who can review your notices and ensure your asylum application remains in perfect standing.

Steps

• Determine where your case is pending (with USCIS or in EOIR Immigration Court) and locate your 9-digit Alien Registration Number (A-Number) and Form I-589 receipt number.
• Go to the official payment portal (the USCIS payment website for affirmative cases, or the EOIR Payment Portal for court cases).
• Enter your A-Number and receipt details. If a payment is due, complete the online transaction using a credit card, debit card, or a U.S. bank account.
• Save and download a PDF copy of your payment receipt and take a screenshot showing the 'Payment Tracking ID' or confirmation page immediately.
• For court cases, file a copy of your paid receipt with the immigration court and serve a copy to the ICE Office of the Principal Legal Advisor (OPLA) to prove compliance.

Common mistakes

• Waiting for a physical notice in the mail. Many asylum seekers never receive their letters due to administrative backlogs or outdated addresses.
• Assuming family members must pay multiple fees. If you filed a single joint Form I-589 that includes your spouse or children, you only owe one fee ($102 or $105) for the entire application.
• Failing to save and submit the receipt. For court cases, paying online is not enough; if you do not formally submit proof of payment to the immigration judge, they may think you missed the deadline.

Questions people ask

What happens if I cannot afford to pay the annual asylum maintenance fee?

Unlike other immigration forms, the law does not allow fee waivers for the Annual Asylum Fee. However, if you do not have a bank account or credit card, you can purchase a pre-paid credit card with cash at a local New York retail store to pay the fee online.

Can my asylum case be dismissed immediately if I miss the payment deadline?

No, not right now. On August 5, 2026, a federal judge in Massachusetts issued an injunction in Venez. Ass'n of Mass. v. USCIS, blocking the government from rejecting or dismissing asylum cases for missed payments while the lawsuit is ongoing. However, the fee is still legally owed, and you should pay it as soon as possible.

Does this annual fee apply to my work permit (EAD) renewals?

No, this is a separate annual fee for maintaining your Form I-589 asylum application. However, keeping your underlying asylum case active and compliant is a prerequisite for keeping and renewing your Category (c)(8) work authorization.

General information only, last updated 2026-10-03. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in New York, United States — immigration.