Recent reports indicate that the U.S. Department of State (DOS) has instructed consular officers to ask all nonimmigrant visa applicants two questions regarding past harm and fear of return to their home countries, and to refuse visas when applicants indicate such fear. This change may affect individuals applying for visitor, student, and temporary worker visas at U.S. consulates and embassies worldwide. This has been implemented and the consular officers in India have already started posing this question to visa applicants.
Background
The DOS has issued an internal cable that directs consular posts to modify standard nonimmigrant visa interview procedures. The reported guidance is linked to broader executive‑branch efforts to limit access to asylum and related protections by identifying potential protection claims at the consular stage, before individuals travel to the United States.
Although the text of the cable has not been released on public DOS websites, several sources describe and quote its key provisions. As of this writing, the Foreign Affairs Manual (FAM) has not yet been updated in a way that clearly reflects this new questioning, and implementation details may continue to evolve.
New Security Question
We have confirmation from B and F,M,J applicants in India that consular officers now ask each nonimmigrant visa applicant two questions along the following lines:
- Whether the applicant has experienced harm or mistreatment in the country of nationality or last habitual residence; and
- Whether the applicant fears harm or mistreatment if required to return to that country.
Reports indicate that an applicant must verbally answer “no” to both questions for the interview to proceed toward possible visa issuance. An admission of past harm, a stated fear of future harm, or a refusal to answer is expected to result in visa refusal, on the basis that the applicant may be seeking protection rather than temporary admission.
Common Visa Categories Affected
The directive reportedly applies broadly to nonimmigrant visa categories, not only to visitors and student visa applicants. These categories may include, among others:
- B‑1/B‑2 visitors
- F‑1/M‑1 students
- J‑1 exchange visitors
- H‑1B and other employment‑based nonimmigrants
- Dependent categories such as H‑4, L‑2, and similar classifications
Thus, many individuals applying at U.S. consular posts abroad may encounter these questions during their visa interviews.
Summary and Conclusion
Because the change has been communicated through an internal cable rather than a published regulation, there may be some variation in how and when consular posts implement the new questioning. As the situation develops, it will be important to monitor any updates to the FAM, DOS public guidance, and consular‑practice reports. This may even be included as part of the non-immigrant visa application form DS-160.
Individuals who may have experienced harm or who fear returning to their home countries should seek qualified legal advice before attending a nonimmigrant visa interview. We will continue to monitor and bring updates on this important topic.