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U.S. Implements Annual Asylum Fee and Narrows In‑Country Green‑Card Approvals

Tying yearly payments to case continuation, the new rule and USCIS guidance give officers broader discretion to deny in‑U.S. adjustments of status

Overview

  • The Department of Homeland Security put the annual asylum fee rule into effect on May 29, 2026, making payment a condition to keep pending I‑589 asylum cases open and linked benefits active.
  • USCIS says applicants will have 30 days from agency notice to pay or face rejection of their asylum application, possible cancellation of employment authorization, and removal for those without another lawful status.
  • A separate USCIS memorandum, PM‑602‑0199, directs adjudicators to treat in‑country adjustment of status as a discretionary, ‘extraordinary’ concession and to weigh negative factors such as overstays or fraud when deciding whether an applicant must pursue consular processing.
  • Justice Department immigration courts have begun mass 'mega‑hearings' and EOIR has added dozens of judges to speed cases, a shift that lawyers warn will hurt unrepresented respondents and raise the risk of in‑absentia deportation orders.
  • The changes apply to large inventories of pending cases, have generated confusion over the fee amount ($100 versus $102) and implementation details, and are likely to prompt litigation and more agency clarifications during the public‑comment period that runs through June 29, 2026.