An error of just two dollars when paying the annual asylum fee can cost an immigrant their case and result in a deportation order. This was warned by attorney Liudmila Armas Marcelo in an interview with Tania Costa, as she recounted the real case of a person who selected the wrong option on the payment portal and ended up before a judge with an order against them.
The problem arises from the confusion between two similar but distinct amounts: the initial payment for the asylum application (Form I-589), which is $100, and the annual maintenance fee —known as the Annual Asylum Fee (AAF)— which amounts to $102 following an inflation adjustment. That difference of two dollars, seemingly insignificant, has serious legal consequences if the wrong option is chosen on the website at the time of payment.
"Remember to choose the annual payment option, which is 102, because I also heard about a person who made a mistake and only paid 100; instead of choosing the annual payment, they chose the initial payment, and because of those 2 dollars, the judge issued a deportation order," Marcelo warned.
The annual fee was introduced on October 1, 2025, under the law known as "One Big Beautiful Bill," and it applies to any asylum application pending for more than one year. There is no exemption for economic hardship. If the applicant fails to comply with the judge's order to make that payment, the court may dismiss the case and issue a deportation order.
Marcelo was emphatic in clarifying that the closure of cases is not automatic but involves specific procedural consequences. "It's not that they are closing; it's that a deportation order is being issued, because if you do not comply with that order from the judge, then your asylum is dismissed and you have a deportation order."
In light of that situation, the lawyer explained that the only available option is to file a motion to reopen the case. "You have to go through a process, either to reopen it, to say: look, Your Honor, I have already paid this, please reopen the case for me, because it's the only thing left to do."
To avoid reaching that point, Marcelo recommended not to wait the full 12 months before making the asylum fee payment. "Don’t wait to count to 12 months; pay after 10 months and send it, because by the time you send it and the mail arrives, you won't miss the deadline," he pointed out. For instance, someone who paid last November should consider making the payment now (in September), as postal processing times can eat into the remaining margin.
The lawyer also emphasized the importance of having legal representation, as payment orders go directly to the attorneys. "If you have a lawyer, because it's my experience, the orders are coming to me for people to pay for asylum."
This context arises as the Supreme Court of the United States lifted the pause on deportations to third countries, allowing the Trump administration to continue with that policy while examining its legality. Cuban citizens have been directly affected, with flights to countries such as Liberia and Equatorial Guinea.
In July 2026, the Board of Immigration Appeals (BIA) issued the binding precedent "Matter of L-F-R-", which clarified that non-payment of the annual fee cannot, on its own, serve as the basis for a complete deportation order, as it does not automatically eliminate other forms of protection such as withholding of removal or the Convention Against Torture (CAT). However, it may lead to the rejection of the asylum application specifically, leaving the applicant in an extremely vulnerable position.
Marcelo also warned about the deterioration of due process in immigration. "Due process is not being respected, the laws and the procedure that must be followed to present an asylum case are not being taken into consideration."
The Supreme Court has scheduled oral arguments regarding deportations to third countries for December 2026, leaving thousands of immigrants with open cases in a state of uncertainty.
Un detalle tan pequeño como dos dólares puede cambiar el rumbo de un caso migratorio. Sigue los últimos desarrollos sobre asilo, deportaciones y trámites en nuestra sección de
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