⚠️ 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
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
  • Exception: USCIS says that, as of Feb. 5, 2026, Ms. L. Settlement Class members and their Qualifying Additional Family Members (QAFMs) are not required to pay the Asylum Application Fee or the Annual Asylum Fee; they must be confirmed by the Family Reunification Task Force Research Committee to qualify

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)

Visa overstays (entering US legally on tourist, student, work, or other visa and staying past the I-94 expiration date) are common — estimated 40-45% of US undocumented population entered legally.

Critical: You are “out of status” not “illegal”

Legal terminology matters:

  • You entered with INSPECTION (good for many paths)
  • You are now “out of status” (overstay)
  • After 180 days overstay: 3-year bar to reentry (if you leave)
  • After 365 days overstay: 10-year bar to reentry (if you leave)
  • Staying inside the US: paths are still available

Those 3- and 10-year bars are the unlawful-presence bars under INA §212(a)(9)(B), and they are not the same as the bar a removal order creates: that one carries a separate penalty of 5, 10 or 20 years, or no time limit, and requires the government’s consent before re-embarking for the United States, as explained in after a deportation: what the law requires to return.

How that period is counted surprises many people: the clock starts on the day of departure, not on the day of the overstay, and accruing unlawful presence is also not the same as being out of status — both are explained in the 3- and 10-year bars (unlawful presence): how they are counted and when they start.

Available paths

Path A: Marriage to US Citizen (most common)

If you marry a US citizen, you can Adjust Status without leaving the US via:

  1. Form I-130 (Petition for Alien Relative) filed by USC spouse — $675
  2. Form I-485 (Application for Adjustment of Status) filed by you — $1,440
  3. Form I-765 (work permit while waiting) — included in fee bundle
  4. Form I-131 (advance parole travel doc) — included
  5. Form I-693 (medical exam by USCIS doctor)

Timeline: 10-18 months for green card. No leaving US needed (avoids 3/10-year bar).

Critical: Visa overstay does NOT bar Adjustment of Status if married to USC. This is the “245(a) cure” — USC immediate relatives get cured.

Path B: Marriage to LPR (longer)

If you marry an LPR (green card holder), the path is harder:

  • F2A category has annual quota — wait 1-3 years
  • You may need to leave US and process at consulate (triggers 3/10-year bar)
  • Consider waiting until spouse naturalizes (becomes USC) first

Path C: Asylum (if you fear persecution)

If you face persecution in your home country based on race, religion, nationality, political opinion, or membership in a particular social group:

  • File Form I-589 (Application for Asylum) within 1 year of arrival
  • After 180 days: eligible for EAD via Form I-765
  • After 1 year: eligible for green card via Form I-485
  • See: Asylum path detail

That one-year deadline is not absolute: the regulation lists extraordinary circumstances that can excuse it and expressly names maintained TPS among them (8 CFR 208.4(a)(5)(iv)), an overlap between the two protections explained in TPS and asylum: what the law lets you hold at the same time.

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

If abused by US citizen or LPR spouse, parent, or adult child:

  • Form I-360 (Petition for Special Immigrant Status, VAWA option)
  • Confidential — abuser is NOT notified
  • FREE
  • Self-petition (no abuser signature)
  • See: VAWA path detail

Path E: U-visa (crime victim)

If victim of qualifying crime in US AND cooperating with law enforcement:

  • Form I-918 with law enforcement certification
  • 4-year backlog currently
  • Up to 10,000 U-visas per year
  • See: U-visa path detail

Path F: T-visa (trafficking victim)

If victim of human trafficking in US:

  • Form I-914 with proof of trafficking
  • See: T-visa path detail

Path G: Cancellation of Removal (if in deportation)

If in removal proceedings (deportation court) AND been in US 10+ years AND have USC/LPR family member who would suffer “exceptional and extremely unusual hardship” if you’re deported:

  • EOIR-42B filed in immigration court
  • Long-term path — high bar
  • See: Cancellation of removal path detail

Path H: 245(i) grandfathering (RARE — pre-2001)

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

  • May be eligible for AOS despite overstay
  • Pay $1,000 penalty + I-485 fees
  • VERY narrow eligibility
  • See: 245(i) detail

Path I: Voluntary departure + re-entry visa

If no other path applies:

  • Voluntary departure (rather than deportation) — preserves option to apply for visa from home country
  • Wait 3 or 10 years (depending on overstay duration)
  • Apply for new visa from your country’s US consulate
  • Risk: visa denial is more likely with overstay history

What to AVOID

  • ❌ Leaving the US before exploring AOS paths (triggers 3/10-year bar)
  • ❌ Using fake documents (federal crime, makes most paths impossible)
  • ❌ Accepting “notarios” for legal help (often fraudulent)
  • ❌ Ignoring deportation notices (NTA from immigration court)
  • ❌ Working without authorization once you have a pending case (jeopardizes case)

Resources

Last verified: 2026-09-24.

← See all paths to legal status

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