There is no affidavit for nonprosecution that exist, since it is not your wife, but the state that is prosecuting you. And I am 18 years of age or older.Can I file a Affidavit of Non Prosecution? Your brother can complete a Waiver of Prosecution. This application is used to apply for asylum in the United. States and for withholding of removal (formerly called. Indictment or accusation may not participate in the prosecution of a criminal case. No one will be available to assist with completing forms. You do not need to refer to them in order to complete your application. 1. Section 101(a)(42) of the INA, 8 U.S.C. 1101(a)(42).