Asylum seekers are displaced people fleeing violence and persecution in their home countries who are unable or unwilling to return due to past persecution or fear of future persecution.
Asylum seekers must be on U.S. soil to request asylum. You cannot apply for asylum from outside the U.S. Some do so at a port of entry, such as an airport or an official land crossing, while others cross the border and request asylum from U.S. immigration officers. Some enter the U.S. with a visa (tourist, work, student, etc.) and then file an asylum claim later (more on this process below). Some are undocumented and file once they can access help. Regardless of where or how you enter, entering the U.S. to ask for asylum is not illegal.
Asylum seekers are eligible for work permits, social security numbers, and driver’s licenses.
Asylum seekers come from many different countries all over the world. The families CASP offers support to at the moment are from Central America, the Caribbean, South Asia, and East and West Africa.
If a person is granted asylum, the U.S. cannot deport them; these people are called asylees. Asylum seekers are those who have not yet been granted asylum but are in the process.
To be granted asylum, you must show all of the following:
- You have been harmed or have a good reason to believe you will be harmed in your country of origin.
- You are unable or unwilling to return to your country of origin due to persecution or a well-founded fear of persecution based on your race, religion, nationality, political opinion, or membership in a particular social group.
- You would not be safe if you moved to another part of your country of origin.
High crime rates, poverty, lack of opportunity, general conflict, or climate change are not currently considered reasons for asylum under U.S. law. You must demonstrate that you were personally targeted based on one of the protected grounds or reasons stated above.
It’s important to note that each case is different. This is a general overview of the process, but it does not mean that each person that is seeking asylum will go through all of these processes or in this timeline. There are two types of cases, defensive and affirmative.
The defensive asylum process is when you are placed into removal proceedings and takes place in immigration court, with an immigration judge presiding over the final hearing and making a decision about your asylum case.
The affirmative asylum process is when you are not currently in removal proceedings and is assessed by USCIS; an asylum officer conducts the final interview and makes a decision about your asylum case. If they deny your case, you will then enter into defensive proceedings.
- You must be already inside the U.S. or at a U.S. port of entry.
- You must apply for asylum within one year of arriving in the U.S. However, there are some exceptions under which one can still apply for asylum after a year.
- If you ask for asylum at a port of entry or are placed in removal proceedings, you must pass a “credible fear interview (CFI)” to determine if you have a reasonable claim to asylum. If you have been previously deported or have a severe criminal history, you must pass a “reasonable fear interview (RFI)”, which has a higher standard.
- If you do not pass, you may request that an immigration judge review the decision. If they uphold the negative finding, you will be removed from the United States.
- If you pass, you may be detained, released on your own recognizance, or released under the Alternatives to Detention (ATD) program.
- If you are detained, you may be released on bond if you have a sponsor. This must be a U.S. citizen or legal permanent resident friend or relative, or an organization, who can pay your bond and offer housing and financial and material support. Some people detained in ICE detention are not eligible for bond; factors include criminal history, flight risk, and lack of support systems.
- If you are in defensive proceedings, you will be scheduled for several hearings in immigration court. You will have several master calendar hearings, and then your individual hearing. The individual hearing is when you will present your case to the judge and the judge will make their decision. This entire process can take 2-10 years.
- If you are in the affirmative asylum process, you will receive a biometrics notice, and eventually be scheduled for an interview. Depending on where you live, it can take years for your interview to be scheduled.
- Regardless of whether you are in the affirmative or defensive process, 150 days after filing your asylum application, you may apply for an Employment Authorization Document, or EAD/work permit, which can take 2-8 months to receive.
Annual Asylum Fee or "AAF": What asylum applicants need to know
- People with asylum cases pending for more than one (1) year must now pay a new yearly fee to the U.S. government in order to keep their applications pending. This is called the Annual Asylum Fee or AAF.
- Starting May 29, 2026, the government says it can reject pending asylum applications if the applicant's Annual Asylum Fee is not paid on time. USCIS says people must pay within 30 days after USCIS tells them to pay. In immigration court, the deadline may be shorter, so follow the exact deadline in the judge’s order.
- The government requires one Annual Asylum Fee to be filed for each asylum application that's pending each year, not one fee for each family member listed on the same application.
- For USCIS cases, this includes people whose asylum case was pending for the whole period from October 1, 2024, through September 30, 2025. It also includes people who filed for asylum after October 1, 2024, if their case is still pending with USCIS 365 days later.
- The annual fee is $102 as of January 1, 2026. This is separate from the $100 filing fee for new asylum applications, which started in 2025. The government may change the fee amount from year to year.
- The government does not allow applicants to request a waiver of the Annual Asylum Fee. If you cannot afford the fee, contact your local community-based service provider right away. Ask them to connect you with the Vermont and New Hampshire Asylum Support Network to see whether financial help may be available. Do not wait until the deadline if you need help.
- If your asylum case is with USCIS, pay on the official USCIS Annual Asylum Fee page at https://my.uscis.gov/accounts/
annual-asylum-fee/start/ overview. - If your asylum case is with the Immigration Court, pay through the Executive Office of Immigration Review ("EOIR") online payment system at https://epay.eoir.justice.gov. Follow any deadline from the judge. Save your receipt and give proof of payment to the court and the government attorney representing ICE.
- If you already paid a fee when you filed your asylum application within the last year, you may not need to pay the annual asylum fee right now. The annual asylum fee is different from the $100 filing fee for a new asylum application. The government says the annual asylum fee should not be charged until an asylum application has been pending for more than one year. If your case has been pending for less than one year, check the payment website at https://my.uscis.gov/accounts/
annual-asylum-fee/ questionnaire, but the fee should usually show as not due yet. If the website or a judge’s order says the annual fee is due, save proof of any fee you already paid and ask a trusted legal service provider for help before the deadline. In Vermont, you can ask for help by walking into your local service partner office or submitting a request to vaapvt.org/help. - Reminder that if you do not pay the Annual Asylum Fee on time, USCIS may reject your asylum case. USCIS may also cancel your asylum-based work permit or reject a pending work permit application. In immigration court, the judge may deny or dismiss your asylum case. This decision could become final.
- If you are unsure about whether you need to pay the Annual Asylum Fee at this time, go to the USCIS payment page. Enter your A-number and your asylum receipt number. If the website says the fee is not due, check again later. If the website lets you pay, pay if you can. Save your receipt, tracking number, and screenshots.
- Learn more at https://asaptogether.org/en/
new-fees/. - Learn more by clicking the following link and watching the provided video. Annual Asylum Fee- Youtube
No. While both groups are generally fleeing from similar types of harm, persecution, and violence, asylum seekers must get to the U.S. on their own and undergo their process here, with little to no eligibility for federal or state funded assistance or social services programs. They must also wait a minimum of six months until they are able to work.
Refugees undergo their process abroad in refugee camps or third countries, are interviewed and screened abroad, and have refugee status upon arrival to the U.S. They are placed into refugee resettlement programs, which provide food, housing, social services, and job placement, and can work immediately or shortly after arrival. They are eligible for most federal and state funded assistance or social services.
Once an asylum seeker wins their asylum case and becomes an asylee, they are eligible for the same benefits as a refugee. An asylee is a comparable immigration status to a refugee.
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- CASP finds host homes or housing for asylum-seeking individuals and families who have no one else to take them in.
- We fulfill basic needs such as food, clothing, and transportation through a network of volunteers and community members.
- CASP offers support with school enrollment and medical and mental healthcare.
- We assist asylum seekers in finding legal representation to pursue their asylum cases in immigration court and before USCIS. We also support with their cases and apply for work authorization documents under the guidance of attorneys.
- We accompany asylum seekers as they resettle in our community and on their journey towards independence. If you are interested in being part of this process, consider becoming a volunteer.
- If you are interested in sustaining CASP’s work, please consider donating on a monthly basis.