In October 2024, U.S. Citizenship and Immigration Services (USCIS) announced a new policy requiring all asylum applicants who file Form I-589, Application for Asylum and for Withholding of Removal after October 1, 2024, to pay a $100 Annual Asylum Fee (AAF).
This fee must be paid each year on the one-year anniversary of the application date for as long as the asylum case remains pending. Applicants can pay the Annual Asylum Fee online through the USCIS Annual Asylum Fee Portal. However, USCIS advises applicants not to pay the fee until they receive an official notice. If payment is made prematurely, the system will instruct applicants to wait for official notification.
USCIS has also made it clear that all fees are non-refundable, regardless of case outcomes or processing times. That might also mean that they will not return your prematurely paid fees to you.
Immigration Backlog at Record Levels
The U.S. immigration backlog is currently at an all-time high, with millions of cases pending before USCIS and immigration courts. This backlog stems partly from aggressive enforcement policies from the Trump administration, which prioritized detention and deportation, putting thousands of refugees through hurdles and dead ends.
On average, asylum cases take over 6 years for processing before USCIS, and 4 years before immigration courts, according to recent government data from 2024.
Asylum Seeker, Refugee, Migrant: What’s the Difference?
Refugees are individuals who have already been granted protection because they face persecution in their home countries. Asylum seekers, on the other hand, are still applying for protection from within another country.
Migrants choose to leave their country voluntarily—often for work, education, or family reasons—but they do not meet the criteria of refugees or asylum seekers.
Common causes of migration include poverty, political instability, gang violence, genocide or natural disasters.
Legal Basis for Seeking Asylum in the United States
Under U.S. federal law, individuals who face persecution based on race, religion, nationality, political opinion, or membership in a particular social group can apply for asylum. This right originates from the 1951 United Nations Convention Relating to the Status of Refugees and the 1967 U.N. Protocol, both incorporated into U.S. law through the 1980 Refugee Act.
According to the U.S. Supreme Court case of Cardoza-Fonseca, a “well-founded fear” of persecution can be established by showing a 10% chance of being harmed. This is still a high standard to meet.
To qualify, applicants must be physically present in the U.S. and meet eligibility requirements.
Pending Asylum status
After an asylum application has been pending for 180 days, individuals may apply for an Employment Authorization Document (EAD), also known as a work permit. In states like Michigan, an asylum seeker cannot obtain a valid driver’s license without a work permit.
Contrary to the misinformation on asylum seekers, their pending status or work permit does not make them eligible for federal benefits such as cash assistance or food stamps. They may qualify for some limited state and local benefits as well as assistance from local non-profit organizations.
Under the current Trump administration, policies have been implemented to make it harder for asylum seekers to gain and keep their status. Several factors include dismissal for lack of screening on the original application such as not using the CBP1 App. USCIS has reportedly been dismissing many cases between 2019 and 2022 for missing a mandatory “credible fear” interview at the border and ordering immigrants’ removal.
As of recent years, the largest groups of asylum seekers in the U.S. come from:
- Democratic Republic of the Congo
- Syria
- Myanmar (Burma)
- Afghanistan
- Venezuela
While countries like Iraq and Myanmar have historically produced large numbers of asylum seekers, recent years have seen a rise from Latin America and the Caribbean due to political and economic instability.
Granted Asylee Status
Once an asylum application is approved, the individual becomes an Asylee, allowing them to remain in the U.S. indefinitely. Asylees can later apply for a Green Card (permanent residence) and eventually U.S. citizenship.
When asylum is granted, it unlocks a significant amount of benefits through the Office of Refugee Resettlement, including: cash and medical assistance, food and housing support, English language training and employment services.
Immediate family members—spouses and unmarried children under 21—included in the initial application automatically receive asylum status as well.
Losing Asylum or Asylee Status
Asylum can be revoked if an individual:
- Commits fraud during the application process
- Is found to pose a national security threat
- Is convicted of a serious crime
- No longer faces danger due to changes in home-country conditions
- Was resettled in a third country before arriving in the U.S.
In January 2025, an executive order by President Trump declared that anyone crossing the border without permission is barred from asylum, a restriction that was previously struck down by courts. The administration has also attempted to end Temporary Protection Status for several countries, including Honduras, Nicaragua, Haiti and Venezuela.
If your asylum status is at risk, it’s crucial to consult an experienced immigration attorney to explore your legal options.
If you or a family member need information regarding a specific case or the assistance of experienced attorneys fighting for people like you every day, call our 24/7 English-Spanish line at 248.951.2450 or reach out to us at Atiya Law.