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Court Order Temporarily Halts Annual Asylum Fee Implementation

November 13, 2025by lawfernandez0

On October 30, 2025, the U.S. District Court for the District of Maryland issued an order in Asylum Seeker Advocacy Project v. USCIS temporarily staying the implementation of the Annual Asylum Fee (AAF). This fee was introduced under the HR-1 Reconciliation Bill and published in the Federal Register on July 22, 2025.

The AAF required individuals with a pending Form I-589 (Application for Asylum and for Withholding of Removal) to pay an annual fee if their application remained pending for a full fiscal year or beyond 365 days from filing. USCIS began issuing payment notices around October 1, 2025, but has now paused all notices in compliance with the court order.

Key Points:

  • Applicants who received an AAF notice may disregard it while the stay is in effect.
  • USCIS will not refund fees already paid, and applicants should keep their receipts.
  • Updated payment instructions will be issued pending further litigation.

USCIS stated it disagrees with the court’s decision but will comply until further judicial review.

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