Recent reports indicate that the Department of State (DOS) issued new guidance requiring consular officers to ask all nonimmigrant visa applicants two questions about past harm and fear of returning to their home country. Applicants must answer “no” to both questions for the visa process to proceed. A “yes” response—or refusal to answer—will result in visa denial. Officers are also instructed to strictly apply existing legal standards (INA §214(b) or §221(g), depending on visa type).
This policy appears aimed at identifying potential asylum seekers during the visa process. While such questions are framed as part of assessing ties to the home country, the requirement to explicitly deny fear of harm raises significant concerns.
Applicants who later apply for asylum in the United States after previously answering “no” may face credibility challenges. Immigration authorities could use these prior statements to question the validity of an asylum claim, potentially leading to denial or findings that impact future immigration benefits. Additionally, applicants who may have a credible fear of returning to their home country but have no intention of applying for asylum may face difficulties entering the United States on employment based nonimmigrant visas.
Nonimmigrant applicants with a credible fear of returning to their home countries should consult with immigration counsel to understand how this policy may impact specific cases or future applications.
