Can a overstay person qualify for Asylum?

Applying for asylum is a serious filing, which requires solid proof of persecution from the country of origin. If you from Spain and live in Niger, and you visit the US, you cannot claim an asylum due to persecution in Niger, because you are Spanish. Assuming you also hold Niger passport, the US govt will simply ask you to return to Spain because you have an option. Why do you need to know what documentation you need? Search the asylum forum, it has great resources for people who are victims of their own countries.
 
Al Southner said:
Applying for asylum is a serious filing, which requires solid proof of persecution from the country of origin. If you from Spain and live in Niger, and you visit the US, you cannot claim an asylum due to persecution in Niger, because you are Spanish. Assuming you also hold Niger passport, the US govt will simply ask you to return to Spain because you have an option. Why do you need to know what documentation you need? Search the asylum forum, it has great resources for people who are victims of their own countries.
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So which countries are normally qualified?
 
Irrespective to the country of Origin, an individual is ELIGIBLE to apply for asylum standing on the grounds protected by the law.
 
According to the law your son is NOT eligible to file the I-601 waiver for you like I had feared. So the point it moot. If you would like for him to file for you, you must leave the country and serve the 10 year ban. Then he is able to file the I-130 to start the process again for you. At this point, you can either leave the country to serve the ban or you can wait and hope for legislation that may change things. But there are no guarantees that anything will be passed to change your situation - all we can do is hope.
 
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