The I-589 Filing Fee After an Asylum Referral: What to Know Before You File

An asylum application carries federal fees, and that stays true when the case moves to immigration court. This page explains how each fee works, which deadlines matter, and which mistakes cause missed payments. If you’re handling a notice for a relative or friend, this is the information you’ll need first.

What Is the I-589 Form?

Form I-589 is the Application for Asylum and for Withholding of Removal. A person uses it to ask the United States for asylum and for protection from removal. The applicant must sign the form, answer every question, include the supporting materials the form’s instructions require, and include any required fee; otherwise, it will be deemed an incomplete filing. 8 CFR 208.3 sets out these basic filing rules. The same application also counts as a request for withholding of removal, so you don’t file that request separately. The form lists the applicant’s spouse and children, and they may be included if they are in the United States. The form is used in two settings. A defensive case starts in removal proceedings before an immigration judge. How the case began decides which path it follows. Keep a copy of everything you file, because the initial fee and filing deadlines are tied to the filing date, while the annual asylum fee must be paid within 30 days of the date the notice is sent.

Does the I-589 Carry an Initial Filing Fee?

Yes. Federal law requires an initial asylum fee from anyone who files an asylum application, at the time of filing. 8 U.S.C. § 1802 sets the fiscal year 2025 amount at the greater of $100 or a higher figure the government sets by rule. The statute also says this fee cannot be waived or reduced. The fee rule is not limited to one filing location. Under 8 U.S.C. 1158, an alien may apply for asylum in accordance with this section or, where applicable, section 1225(b) of this title, and the fee required by 8 U.S.C. 1802 is a separate requirement, as 8 CFR 106.2 provides. An application without a required fee is incomplete under 8 CFR 208.3 and will be rejected. If it was filed on paper, it is returned by mail within 30 days of receipt, and if it is not mailed back within 30 days it will be deemed complete. The fee is owed at filing, so plan for it before the application goes out. Because the amount can change each year, check the figure on the notice or form instructions before you pay.

What Happens to the Application After a Court Referral?

After a referral, the asylum case moves into removal proceedings before an immigration judge. 8 CFR 208.14 says that when an asylum officer refers an application without interview or does not grant asylum after an interview, and the applicant appears inadmissible or deportable, the officer refers the application to an immigration judge, except for certain paroled applicants described in paragraph (c)(4)(ii). The officer sends the referral together with the appropriate charging document. If no charging document can be issued, the application is dismissed instead. The referral is a turning point, so treat it as a new phase of the case. It also changes who sends your notices. Court notices, including hearing notices, come from the immigration court. For cases before the court, 8 CFR 1208.4 says the application is considered filed on the date the immigration court receives it. That date matters when you count deadlines. Keep the referral papers, the charging document, and each court notice together in date order. Read every notice the day it arrives.

The Annual Asylum Fee Explained

The annual asylum fee is a separate charge for each calendar year an asylum application stays pending. 8 U.S.C. § 1808 requires this fee for each calendar year the application remains pending. For fiscal year 2025, the amount is the greater of $100 or a higher figure set by rule. It equals the prior year’s amount plus any increase in the Consumer Price Index for All Urban Consumers for July, as the statute describes. The statute says this fee cannot be waived or reduced either. The annual fee is not a one-time charge, so check each year’s notice. It comes on top of the initial fee. A case that stays pending across a year change can bring a new bill. Whether a particular person owes it, and for which years, depends on the facts of that case, including when it was filed and what notices were issued.

How the Annual Fee Is Paid and the 30-Day Deadline

DHS sends a notice that says when the annual fee is due and how to pay it. 8 CFR 106.2 says DHS sends each applicant a notice stating that the annual fee is due, when it is due, and how it must be paid. 8 CFR 208.3 provides: “If an applicant does not pay the annual asylum fee required by § 106.2(c)(15) of this chapter within 30 days of the fee notice date, the application will be rejected and this paragraph (c) shall not apply.” The deadline is short, so act on the notice early. Read the payment instructions closely. Note the accepted payment method and the exact due date. Put the due date on your calendar the day the notice arrives, with a reminder a week earlier. Write down the date and method of each payment, and keep the receipt. A different rule covers a fee paid at filing when the receipt has not arrived. 8 CFR 1208.4 says you must give the court proof of payment with the application. The receipt is then due by the judge’s deadline. If the judge sets no deadline, the receipt is due within 45 days after filing.

Other Costs Applicants Often Ask About

Government fees are only part of the picture. They vary with each person’s documents and how the file is sent. Ask for an itemized list before you pay anyone for a service. Keep every receipt. Costs like these can add up across a long case, so store them in the same folder as your government notices. When someone else pays on your behalf, write down who paid and when. The government amounts on this page come from the federal statutes and rules cited here. Other charges come from the people or businesses that provide the service. Always confirm a government amount against the current notice or form instructions before you send money. The annual amount changes each year.

Common Mistakes That Lead to Missed Fee Deadlines

One costly mistake is letting the 30-day window pass after the fee notice. Other common errors include sending payment by the wrong method, forgetting to report an address change, and assuming a fee can be waived. Federal law requires a noncitizen who must register to report each address change in writing within ten days. In immigration court, 8 CFR 1003.15 requires written notice on Form EOIR-33 within five days of any change of address. Send it to the immigration court where the charging document was filed, or, if venue has been changed, to the immigration court to which venue has been changed. Don’t assume an old address still works. A family member handling the file should keep one folder with every notice, receipt, and address record. Set a reminder for each due date and each address deadline. These simple steps keep the file on track.

Talk With Our Team About Your Asylum Case

A referral and a fee notice are both reasons to look closely at the file. Our team handles removal defense matters, and we can review the papers in your case with you.

Frequently Asked Questions