Hundreds of thousands of foreign nationals are waiting in the US for their first Asylum interview, or may be at other points in the process. Unfortunately, the vast majority of those cases will be denied. It will take several years, in most cases many years, to get a final decision but everyone should understand the likely outcome of a denial.
To win an Asylum case, the applicant must prove the government of their country has singled them out, specifically, for persecution of some kind. It is not enough to say “things are very bad in my country” or one group is persecuting another group. It must be your government seeking to persecute you directly, or maybe a group you belong to. But it must be the government doing the persecution, not a group of people.
So, if we know most of the pending Asylum cases will be denied, and we know it will takes many years for a final decision, what can we do?
The best option is through employment, specifically through a labor certification case. For that you need an employer who offers a job to you (you have work authorization/EAD through your pending Asylum case) based on your prior experience in your home country or in the US. These cases are complicated and require a very cooperative employer but if they are handled properly over 90% are approved.
The only bad news is that due to delays/backlogs in the quota system, natives of India must wait too long under the quota system for this option to work. Natives of China have a similar problem but it is possible to work around the timing in some of these cases. Everyone else should be qualified.
Remember, most Asylum cases currently pending are going to be denied regardless of what you may have been told or read on the internet. Now is the time to begin planning another immigration option before it is too late. Good luck!
