⚠️ Policy update (May 21, 2026): USCIS Policy Memo PM-602-0199 describes adjustment of status (Form I-485) as a matter of discretion and an “extraordinary” relief not designed to supersede consular processing abroad, and reminds officers to weigh all positive and negative factors in each case. Where this page describes adjusting status inside the US, expect heavier discretionary scrutiny and document positive ties thoroughly. Details: Adjustment of status vs consular processing.

⚠️ CRITICAL ALERT: H.R.1 / OBBBA fee changes (signed July 4, 2025; USCIS interim final rule effective May 29, 2026)

Official sources: Federal Register 2025-13738 (USCIS fee notice, July 22, 2025) · Federal Register 2026-08333 (USCIS interim final rule, effective May 29, 2026)

Verified: 2026-09-24

The One Big Beautiful Bill Act (H.R.1, Public Law 119-21), signed July 4, 2025, made MAJOR changes to immigration fees. USCIS began requiring the asylum fees for requests postmarked on or after July 22, 2025 (FR 2025-13738); the separate Form I-94 fee on Form I-102 began with the interim final rule effective May 29, 2026 (FR 2026-08333):

Critical changes

ProcessBefore HR-1After HR-1Impact
Asylum application (Form I-589)FREE$100 fee (filings postmarked on or after July 22, 2025)Cannot be waived. Applications WITHOUT fee will be REJECTED USCIS says that as of Feb. 5, 2026 it does not collect these asylum fees from confirmed Ms. L. Settlement Class members or their Qualifying Additional Family Members (QAFMs) (Form G-1055).
Annual Asylum Fee (AAF)N/A$105/year (FY2027) while pending (required since July 22, 2025; also applies to I-589s already pending on October 1, 2024)NEW recurring fee per year application remains pending
Form I-94 (replacement, Form I-102)$560 filing fee$584 — $560 filing fee plus the separate $24 Pub. L. 119-21 I-94 fee (from May 29, 2026)The $24 is an ADDITIONAL fee submitted separately, not the price of the filing (Form G-1055, ed. 10/16/26)
TPS Employment Authorization (EAD)Up to 18 monthsMaximum 1 yearMore frequent renewals required

What this means

Before: applying for asylum was FREE.

Now (for filings postmarked on or after July 22, 2025):

  • $100 upon filing Form I-589
  • Annual Asylum Fee for each year the application remains pending ($105 from October 16, 2026; $100 base, inflation-adjusted)
  • Fee waivers NOT permitted by statute
  • Applications WITHOUT payment will be REJECTED USCIS says that as of Feb. 5, 2026 it does not collect these asylum fees from confirmed Ms. L. Settlement Class members or their Qualifying Additional Family Members (QAFMs) (Form G-1055).

Already-pending cases: the Annual Asylum Fee is not limited to new filings. Per FR 2025-13738, it also applies to a Form I-589 that was already pending with USCIS on October 1, 2024, and to any I-589 filed after that date that stays pending for a year; no AAF is charged for years a case was pending before fiscal year 2025.

  • Asylum fee: 8 U.S.C. 1802
  • Annual Asylum Fee (AAF): 8 U.S.C. 1808
  • I-94 fee: H.R.1 Public Law 119-21
  • TPS EAD limit: 8 U.S.C. 1803(c), 8 U.S.C. 1811(a)

Entering the US without inspection (EWI), commonly called “crossing the border,” is one of the two main routes into undocumented status — the other is overstaying a lawful admission. DHS does not publish a current official split between the two, and independent estimates disagree, so this page states no share. Paths to legal status exist but are typically harder than for visa overstayers.

Critical: “Inadmissible” status

EWI entry typically makes you “inadmissible” under INA Section 212(a)(6)(A) — present without admission or parole. This affects which paths are available:

  • Adjustment of Status (AOS) in US: usually NOT possible directly (requires inspection)
  • Consular Processing (CP) abroad: requires waiver for 3/10-year bar after departure
  • Cancellation of Removal: possible if in deportation court (10+ years)
  • Asylum, VAWA, U-visa, T-visa: NO inspection requirement — full options available

Available paths

Path A: Adjustment via 245(i) — if you qualify (RARE)

If you (or your spouse/parent) had a Form I-130 or labor certification filed BEFORE April 30, 2001:

  • 245(i) provision allows AOS despite EWI entry
  • Pay $1,000 penalty + I-485 fees
  • Very narrow eligibility — verify with attorney

Path B: Consular Processing with I-601A waiver (most common for EWI married to USC)

If married to US citizen:

  1. File I-130 with USC spouse
  2. File I-601A (Provisional Unlawful Presence Waiver) — BEFORE leaving
  3. Get waiver approval — USCIS’s own “80% completed within” figure for the I-601A was 27.5 months when this page was last verified, not the year-and-a-half often quoted; check the live USCIS processing times before booking anything, because the departure comes after the approval
  4. Leave US to home country
  5. Attend consular interview at US embassy
  6. Re-enter US with immigrant visa

Critical: I-601A waiver eliminates the 3/10-year bar trigger. Without waiver, leaving = stuck out 3 or 10 years.

Path C: DACA (if eligible)

If entered before age 16, were present June 15, 2007, and meet education requirements:

  • Form I-821D + Form I-765
  • Provides work authorization + protection from deportation
  • 2-year renewable
  • Does NOT lead directly to LPR but provides time and stability
  • See: DACA path detail

Path D: Asylum (if you fear persecution)

If you face persecution in your home country:

  • File Form I-589 within 1 year of arrival
  • After approval: green card in 1 year
  • EWI entry does NOT bar asylum
  • See: Asylum path detail

Path E: VAWA self-petition (if abused by USC/LPR family)

If abused by USC or LPR spouse, parent, or adult child:

  • Form I-360 self-petition
  • Confidential, FREE
  • EWI entry does NOT bar VAWA
  • See: VAWA path detail

Path F: U-visa (crime victim)

If victim of qualifying crime AND cooperating with law enforcement:

  • Form I-918
  • EWI entry does NOT bar U-visa
  • 4-year backlog
  • See: U-visa path detail

Path G: T-visa (trafficking victim)

If victim of trafficking in US:

  • Form I-914
  • EWI entry does NOT bar T-visa
  • See: T-visa path detail

Path H: Cancellation of Removal

If in deportation proceedings AND in US 10+ years AND have USC/LPR family who would suffer hardship:

  • EOIR-42B in court
  • 4,000 grants per year (highly competitive)
  • See: Cancellation path detail

Path I: SIJ — Special Immigrant Juvenile

If under 21, in US, and a state court found you abused/abandoned/neglected by one or both parents:

  • Form I-360 + state court findings
  • Leads to green card
  • See: SIJ path detail

Path J: Waiver for unlawful presence (if leaving to apply)

If you must leave the US and need to overcome the 3/10-year bar:

  • Form I-601A (provisional waiver — before leaving)
  • Form I-601 (waiver from abroad)
  • Requires “extreme hardship” to USC/LPR spouse or parent

What to AVOID

  • ❌ Leaving US without waiver if you might want to return (triggers 3/10-year bar)
  • ❌ Re-entering after deportation without consent (federal felony — 8 USC 1326)
  • ❌ Trusting “notarios” for complex EWI cases
  • ❌ Filing asylum after 1-year deadline without compelling change in conditions
  • ❌ Ignoring immigration court NTAs

Resources

Last verified: 2026-09-24.

← See all paths to legal status

General procedural information based on official sources. Not personalized legal advice.