Asylum is for people who fear persecution in their country because of race, religion, nationality, political opinion, or membership in a social group. You generally must apply within one year of your last arrival in the U.S. (with exceptions). Since 2025 there is a $100 filing fee and, since 2026, a $102 annual fee while the case is pending.
Quick answer
Asylum protects people who fear persecution in their country because of their race, religion, nationality, political opinion, or membership in a social group. There is a critical point: you generally must apply within one year of your last arrival in the U.S. (with exceptions). Since 2025 there is a $100 filing fee and, since 2026, a $102 annual fee while the case is pending.
Who may qualify
For asylum you generally must show:
- A well-founded fear of persecution (past or future).
- That the persecution is based on one of the five protected grounds: race, religion, nationality, political opinion, or a particular social group.
- That your country’s government cannot or will not protect you.
Affirmative vs. defensive
| Type | Where it is filed | When |
|---|---|---|
| Affirmative | With USCIS | When you are not in removal proceedings |
| Defensive | Before an immigration judge | When you are already in proceedings |
The new fees (2025–2026)
- Filing fee: $100 for applications filed on or after July 22, 2025. No waiver.
- Annual Asylum Fee (AAF): $102 per year while the case stays pending (effective May 29, 2026). Not paying within 30 days of notice can lead to rejection of the application, loss of the work permit, and, in some cases, removal proceedings.
What to do now
- Calculate your one-year deadline from your last arrival.
- Get a legal screening to confirm whether you qualify and the best strategy.
- Gather evidence of your fear (documents, reports, testimony).
- Plan for the fees, including the annual one.
Keep reading
Frequently asked questions
How long do I have to apply for asylum?
You generally must apply for asylum within one year of your last arrival in the U.S. There are exceptions (for example, changed circumstances), but the deadline is strict. That is why an early legal screening matters.
What is the difference between affirmative and defensive asylum?
Affirmative asylum is filed with USCIS when you are not in removal proceedings. Defensive asylum is raised as a defense before an immigration judge when you are already in proceedings. The procedure and deadlines change with your situation.
Do I have to pay to apply for asylum now?
Yes. Since July 2025 there is a $100 filing fee. Since 2026 there is also a $102 annual fee for each year the case stays pending, with no waiver available. Not paying can have serious consequences.
Can I work while I wait?
You can apply for a work permit (EAD) after a certain waiting period with the case pending. The rules and times change; confirm on the official page and consider legal advice.
Official sources
Verified against primary sources on June 3, 2026. Immigration law changes fast, always confirm at the official source before acting.
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