New EOIR Guidance on Annual Asylum Fees: What Miami Beach Applicants Need to Know
‍

Navigating the asylum process in South Florida is often a journey through a complex web of shifting regulations. Recently, EOIR Director Daren Margolin released a significant update that directly impacts those with pending cases at the Miami Immigration Court.

Policy Memorandum (PM 26-01) provides fresh guidance on the Annual Asylum Fee (AAF), offering both a reprieve for certain past applicants and clear instructions for those moving forward. If you are currently seeking asylum while living in Miami Beach or the surrounding areas, understanding these deadlines is crucial for your case's standing.

Key Updates from Policy Memorandum 26-01

The new memorandum rescinds previous guidance (PM 25-36) and clarifies exactly how the EOIR intends to manage and enforce the collection of asylum fees. Here are the three most important takeaways:

1. The Retroactive Fee Waiver

EOIR has announced a waiver for the Annual Asylum Fee for specific cases. If your asylum application was pending for one year or more between July 5 and September 30, 2025, and your case was "administratively final" as of September 30, 2025, you are not required to pay the fee for that period.

2. The October 1st Effective Date

The AAF is now officially active for all applications that have been pending for one year or more as of October 1, 2025. This means if your case passed the one-year mark on or after this date, the fee requirement applies to you.

3. No Payment Without a Judge’s Order

Perhaps the most critical piece of news for local applicants is the "enforcement trigger." While the law states the fee is technically due once an application has been pending for a calendar year, EOIR will not expect payment or seek enforcement until an Immigration Judge (IJ) issues a specific order setting a deadline.

Who Owes the AAF?

• Who Qualifies for a Waiver: If your asylum application was pending for one year or more between July 5 and September 30, 2025, and was administratively final by September 30, 2025, the fee is waived.
• Who is Required to Pay: The fee applies to all asylum applications that have been pending for one year or more as of October 1, 2025.
• When Payment is Due: You do not need to pay immediately upon reaching the one-year mark. EOIR will only seek enforcement or expect payment after an Immigration Judge issues a formal order setting a specific deadline.

Stay Informed and Take Action

Immigration policies evolve rapidly, and this memo underscores the importance of compliance to avoid delays or denials. If you're an asylum seeker in Miami Beach, check your application timeline and use the EOIR portal for payments when required.

For the full details:
‍EOIR PM 26-01: Annual Asylum Fee (PDF)
‍EOIR PM 25-36 (Amended): Statutory Fees Under the One Big Beautiful Bill Act

If you need assistance with your asylum case or have questions about fees, reach out to a qualified immigration professional today. Stay safe and informed!

‍*This is intended for general information purposes only and does not constitute legal advice. You should not act or rely on any information in this message without seeking the advice of a competent, licensed immigration attorney. Contact Attorney Joshua Begin or Attorney Karyn Begin, your Miami Beach Immigration Lawyers, TODAY for a Immigration Consultation.

‍