U.S. Citizenship and Immigration Services (USCIS) Alert “Court Order on Annual Asylum Fee Notices”

On November 7, 2025, USCIS published an alert titled “Court Order on Annual Asylum Fee Notices”. This announcement is important for anyone with a pending asylum application under Form I‑589, Application for Asylum and for Withholding of Removal. 

This blog explains what the alert means, who it affects, what steps you should take, and how this intersects with other immigration benefits such as a Green Card or Asylum applications.

What the Alert Notes

• A federal court issued a stay (on October 30, 2025) in the class-action case ASAP v. USCIS which halted the issuance of Annual Asylum Fee (AAF) notices by USCIS.

• Because of this court order, USCIS has paused sending new AAF payment instructions to applicants with pending Form I-589.

• Applicants who previously received an AAF notice should not assume they must pay immediately while the stay remains in effect.

• USCIS states it will not refund fees already paid under the AAF regime but recommends retaining proof of payment and tracking notices for now.

  
  

Who Is Affected

This alert and court-ordered stay affects noncitizens who have filed Form I-589 and whose applications have been pending for one year or more.

Under the fee rule (based on H.R. 1 Reconciliation Bill), such applicants were required to pay $100 per calendar year their asylum application remained pending. If your case falls under:

• You filed Form I-589 (affirmatively) on or after October 1, 2024.

• Your application has been pending for at least 365 days. Then you could have been asked to pay the AAF. With this stay your obligation may be paused temporarily.

What You Should Do Now

• Hold on further payment if you received an AAF notice and the court stay is in place.

• Keep documentation of any payment you made and any notice you received. Do not discard receipts or payment confirmations.

• Monitor the case status of your Form I-589 to see when USCIS resumes charging the fee or issues updated instructions.

• Speak with your attorney about how this pause interacts with your asylum case timeline, work authorization eligibility, and related benefits.

  
  

What This Means for Related Immigration Paths

• If you are on a humanitarian path such as asylum this can affect your processing and status.

• If you have future plans for a Green Card based on asylum approval, family petition, or other relief, staying informed is key.

• If you are preparing for other benefits such as a Visitor Visa, family-based petitions like a Spouse & Fiancé(e) Visa, or U.S. Citizenship & Naturalization, then understanding how fee rules change is part of effective planning.

  
  

Why Legal Guidance Matters

These developments reflect litigation, administrative rule-making, and uncertain timing. A lawyer can help you:

• Interpret how the court order applies to your case.

• Analyze whether you should delay or proceed with payment.

• Advise on ancillary benefits like work authorization or adjustment of status.

• Keep your application timeline on track while USCIS policy evolves.

  
  

T.P.L. Global, led by Attorney Tejas G. Patel, assists clients through humanitarian and family-based immigration paths including Asylum, VAWA, U Visa, and T Visa.

 If you have a pending Form I-589 or received a notice regarding the Annual Asylum Fee, you may wish to book a consultation to review how this affects your specific situation.