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Several major media outlets have reported that on April 28, 2026, the U.S. Department of State issued a cable, effective immediately, directing consular officers to “request that a nonimmigrant visa applicant affirm that he or she does not fear harm or mistreatment in returning to his or her country of nationality or former habitual residence, and document the response in case notes.” This guidance directly targets foreign nationals intending to apply for asylum in the United States, and could potentially penalize others based on a perceived intent.
Consular officers will be required to ask nonimmigrant visa applicants two questions:
- Have you experienced harm or mistreatment in your country of nationality or last habitual residence?
- Do you fear harm or mistreatment in returning to your country of nationality or permanent residence?
According to the reports, visa applicants must verbally respond “no” to both questions for the interview process to continue, and for the visa to ultimately be issued. If an applicant responds “yes” to either question, the visa will be refused.
General questions about a visa applicant’s past experience of harm or fear of mistreatment in his or her home country are not historically uncommon. However, under this updated guidance, consular officers will not have discretion to issue a visa to an applicant who responds affirmatively to either of the two required questions. Furthermore, an applicant who receives a visa based on negative responses to the questions, and later applies for asylum in the United States, could face challenges in proving the authenticity of his or her asylum claim. A failed asylum claim based on false responses to the questions could also have a negative impact on future visa applications or other immigration benefit requests, since a finding of fraud or willful misrepresentation makes a person inadmissible to the United States.
Key takeaway: Clients should immediately inform their foreign national populations that responding “yes” to either of the two asylum-related questions will result in their visa applications being denied.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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