Asylum Seekers, Beware: Key Changes in U.S. Asylum Law That Demand Immediate Action
For individuals seeking protection in the United States, the legal landscape is constantly shifting. Recent announcements and regulations from U.S. Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR)—particularly regarding fees and processing—have created new financial and procedural hurdles.
Published On Nov 1, 2024
At Davlatov Law Group, we understand that these changes can feel overwhelming. Our mission, led by founder Mustafo Davlatov, is to provide clear, actionable guidance to ensure you meet every requirement and protect your right to seek asylum.
Here is a breakdown of the most urgent hot topics in U.S. Asylum Law and what you must do now.
I. The Critical Impact of New Asylum Filing Fees
Seeking asylum has historically been free. However, the system has fundamentally changed in late 2025, introducing new fees that must be planned for immediately.
A. Navigating the Non-Waivable Initial Filing Fee (Form I-589)
For the first time, filing a new Form I-589, Application for Asylum and for Withholding of Removal, now requires an initial payment of $100. This fee applies to both affirmative applications (filed with USCIS) and defensive applications (filed in Immigration Court).
Why This Matters: If your application is submitted without the correct fee, the government will reject it. This rejection is not simply an inconvenience; it can cause critical delays that may jeopardize your case or violate important deadlines.
B. Understanding the Annual Asylum Fee (AAF) Uncertainty
The government has also implemented a $100 Annual Asylum Fee (AAF) for any asylum application (Form I-589) that remains pending. This fee must be paid each calendar year your case is active.
Important Note on AAF: While recent legal challenges have temporarily paused the enforcement of the AAF in some jurisdictions as of late October 2025, the law establishing the fee remains in place. This means the fee could be reinstated at any time. If you have received a notice to pay the AAF, you must consult with an attorney to understand the immediate steps you should take.
II. Strategic Case Management in the Face of Record Court Backlogs
The U.S. immigration court system is experiencing a record-high backlog, with millions of cases pending. This severe pressure affects every applicant:
● Timing: While longer wait times (sometimes years) mean a longer period of uncertainty, they also provide a crucial window for strategic preparation.
● Strategy: An attorney can use this time to meticulously gather evidence, coordinate expert witnesses, and ensure all country condition reports are robustly documented. Given the constant policy shifts, an experienced attorney must monitor these changes and be ready to adapt your case’s core strategy on short notice.
● Processing Pressure: Immigration Judges are under pressure to move cases quickly. This is leading to a rise in procedural dismissals and stricter application of deadlines, making flawless initial filing more important than ever.
III. Essential Compliance: Protecting Your Eligibility and Case Evidence
Your asylum case begins the moment you enter the U.S., and there are non-negotiable steps you must take to remain eligible.
A. The Non-Negotiable One-Year Filing Deadline
You must file your Form I-589 within one year of your last arrival in the United States. This is arguably the most critical deadline in all of asylum law. Missing this deadline, with only very narrow exceptions for changed or extraordinary circumstances, can permanently bar you from receiving asylum.
Practical Tip: Do not wait. Even if you are gathering documents, the filing process must begin immediately to secure your place in the system and meet this deadline.
B. Heightened Burden of Proof: Documentation and Evidence Protocols
In today’s climate, the burden of proof is higher than ever. You must gather and maintain every piece of evidence related to your identity, travel history, and, most importantly, the persecution you have suffered or fear.
Action Item: Begin compiling certified copies of official documents, detailed affidavits, and evidence of your membership in a protected social group immediately. The longer you wait, the more difficult it becomes to locate and authenticate this crucial evidence.
Take Control of Your Future Today
The landscape of U.S. asylum law is complex, costly, and unforgiving. With new fees, ever-present backlogs, and critical deadlines like the one-year filing rule, professional legal guidance is not optional—it is essential.
Do not navigate these hot topics alone. Mustafo Davlatov, as an immigrant himself, brings a unique perspective, deep compassion, and over a decade of litigation experience to every case. We are ready to review your current situation, ensure compliance with all new fee requirements, and develop a winning strategy to secure your future.
Contact Davlatov Law Group today to schedule a confidential consultation. Your protection and peace of mind are our priority.
Davlatov Law Group, P.C.




