A seemingly minor error of two dollars in paying the annual asylum fee can jeopardize an immigrant's case, leading to a potential deportation order. Immigration attorney Liudmila Armas Marcelo highlighted this issue during an interview with Tania Costa, recounting a real-life scenario where an individual chose the wrong option on the payment portal and ended up facing a judge with an order against them.
Understanding the Financial Pitfalls
The complication arises from the confusion between two closely related but distinct payments: the initial asylum application fee (Form I-589), which is $100, and the annual maintenance fee—known as the Annual Asylum Fee (AAF)—which is now $102 due to an inflation adjustment. This two-dollar discrepancy, though it seems trivial, can have severe legal consequences if the wrong option is selected online at the time of payment.
Marcelo advised, "Remember to select the annual payment option for $102, because I also heard of someone who mistakenly paid only $100 by choosing the initial payment instead of the annual one, and for those two dollars, the judge issued a deportation order."
Navigating New Legislative Changes
Introduced on October 1, 2025, under the "One Big Beautiful Bill," the annual fee applies to all asylum applications pending for over a year, with no exemptions for financial hardship. If the applicant fails to comply with the judge's order to make this payment, the court may dismiss the case and issue a deportation order.
Marcelo emphasized that such case closures are not automatic but carry specific procedural consequences. "It’s not just about closing cases; it's about receiving a deportation order because if you don't comply with the judge's order, your asylum is dismissed, and you face deportation."
Steps to Mitigate Risk
Faced with this situation, the attorney explained that the only available recourse is to file a motion to reopen the case. "You must go through the process of reopening, saying: look, judge, I’ve paid it now, please reopen my case, because that's all you have left."
To avoid reaching this critical point, Marcelo advised against waiting the full 12 months before making the asylum fee payment. "Don't wait to count the 12 months; pay the annual fee at 10 months and send it, because by the time you send it, and it arrives by mail, the deadline won't be missed," she noted. For instance, someone who paid last November should consider making the payment now (in September) due to potential postal processing delays.
The attorney also stressed the importance of legal representation, as payment orders are sent directly to lawyers. "If you have an attorney, as in my experience, the payment orders are sent to me for individuals to pay their asylum fees."
Broader Implications and Legal Context
This issue arises as the U.S. Supreme Court lifted the pause on deportations to third countries, enabling the Trump administration to proceed with this policy while its legality is under review. Cuban nationals have been directly impacted, with flights to countries like Liberia and Equatorial Guinea.
In July 2026, the Board of Immigration Appeals (BIA) issued a binding precedent, "Matter of L-F-R-," which clarified that failing to pay the annual fee cannot alone justify a full deportation order, as it does not automatically eliminate other protection avenues such as withholding of removal or the Convention Against Torture (CAT). However, it can result in the rejection of the specific asylum application, placing the applicant in a highly vulnerable position.
Marcelo also warned about the erosion of due process in immigration proceedings. "Due process is not being respected; the laws and the necessary procedures for presenting an asylum case are not being followed."
The Supreme Court has scheduled oral arguments regarding deportations to third countries for December 2026, leaving thousands of immigrants with open cases in suspense.
A seemingly minor detail, like a two-dollar discrepancy, can alter the course of an immigration case. Stay informed on the latest developments concerning asylum, deportations, and processes in our U.S. Immigration section.
Key Questions on Asylum Fee and Deportation Risks
What is the Annual Asylum Fee (AAF) and how much is it?
The Annual Asylum Fee (AAF) is a $102 payment required for asylum applications pending for more than a year, introduced under the "One Big Beautiful Bill" as of October 1, 2025.
What happens if I pay the wrong asylum fee amount?
Paying the incorrect amount, such as $100 instead of $102, can lead to severe legal consequences, including a potential deportation order, as it may result in the dismissal of your asylum case.
Can failing to pay the Annual Asylum Fee alone lead to deportation?
While not paying the fee cannot solely be the basis for a full deportation order, it can lead to the rejection of an asylum application, leaving the applicant vulnerable to deportation without other protective measures in place.