The Department of State (DOS) has issued a cable, effective immediately, directing consular officers to ask nonimmigrant visa applicants about any fear of harm or mistreatment in their home country — and to document the applicant’s response in the case notes.
According to reporting from the Washington Post and other outlets, the policy requires consular officers to ask every applicant two questions during the visa interview:
- 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?
To move forward with the visa process, an applicant must answer “no” to both questions. A “yes” answer to either question, or a refusal to answer, will result in the visa being denied.
For applicants subject to INA § 214(b) — the provision presuming immigrant intent for most nonimmigrant visa categories — officers have reportedly been instructed to apply that section “rigorously.” H-1B and L-1 applicants, who are not subject to § 214(b), would instead face refusal under INA § 221(g) if they answer “yes” or decline to answer.
Why this matters
Asking about an applicant’s ties to their home country, including past harm, is a normal part of assessing nonimmigrant intent. What’s different here is the built-in affirmation: applicants are being asked to state, on the record, that they do not fear return — a statement that could follow them well beyond the visa interview.
If someone answers “no” to get their visa and later applies for asylum in the United States, that earlier statement could be used against them. A USCIS asylum officer or an immigration judge could point to the prior “no” answer as grounds for a credibility finding against the asylum claim. And while a failed asylum claim on its own isn’t a bar under the misrepresentation or fraud provision at INA § 212(a)(6)(C), a case that also results in a § 212(a)(6)(C) finding could affect the person’s ability to obtain visas or other immigration benefits down the road.
A related development: mass visa revocations
On August 24, 2026, the Associated Press reported that DOS is preparing for what could become the largest mass visa revocation in U.S. history. The plan reportedly targets B-1/B-2 visa holders — issued between 2016 and 2026 — who later applied for asylum. It’s not yet clear whether these would be prudential revocations.
What this means for you
If you have an upcoming visa interview, or if you’re weighing whether to apply for asylum after already holding or applying for a nonimmigrant visa, the interaction between these processes matters more than ever. Statements made in one context can resurface in another.
If any of this applies to your situation, we encourage you to speak with our office before your next visa interview, so we can walk you through what to expect and how to prepare.