On April 28, 2026, the U.S. State Department issued a worldwide directive requiring consular officers to ask two specific asylum-related questions during all nonimmigrant visa interviews. The directive mandates that consular officers more proactively prevent the misuse of nonimmigrant visas by individuals intending to seek asylum, alleging that current vetting is insufficient.
Whether foreign nationals are applying for a tourist visa (B1/B2), a student visa (F/J), or a professional work visa (H-1B, L-1), they will now be required to answer these questions verbally before the visa can be issued.
The Two Mandatory Questions
Because these questions are not yet on the Nonimmigrant Visa Application (Form DS-160), officers must ask them during the in-person interview and record the applicant’s verbal responses in internal case notes. The questions are:
- “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?”
Why This Matters: Immediate Denials vs. Deferred Denials
The significance of these questions cannot be overstated. Early reports on the State Department cable indicate that an affirmative answer, or a refusal to answer, may have immediate or long-term consequences:
- Mandatory Refusal: A “Yes” answer to (or a refusal to answer) either question will result in an immediate denial of the nonimmigrant visa application. The government views this as evidence of an intent to seek asylum, which contradicts the temporary nature of a nonimmigrant visa.
- The Honesty Trap: If you answer “No” to obtain the visa but later claim asylum in the U.S., that initial response can be used as evidence of willful misrepresentation, with the applicant bearing the burden of proof to demonstrate otherwise. This can lead to denial of the asylum application, removal from the United States, and a permanent bar from reentry.
Strategic Best Practices
As is the case with most immigration compliance issues, advance preparation is critical to ensuring a positive outcome. To ensure a professional and lawful response during a nonimmigrant interview, applicants should consider the following principles:
- Understand the Meaning of “Harm”: Under U.S. asylum law, “harm” refers to specific forms of persecution. It does not include general economic hardship or dissatisfaction with local conditions.
- Maintain Consistency: Ensure all verbal answers align with the information on the Form DS-160 and any prior applications. Consular officers are trained to identify inconsistent claims as indicators of potential fraud.
- Be Direct and Professional: Provide concise answers. Attempting to provide long narratives can lead to misunderstandings regarding your nonimmigrant intent.
- Proactive Consultation: If an applicant has a history of past harm or a genuine fear of returning home, it is essential that they consult with an attorney and evaluate their options long before the nonimmigrant visa interview.
How Meltzer Hellrung Can Help
At Meltzer Hellrung, we understand the significance of these new questions and the complexity they add to an already stressful process. Meltzer Hellrung is closely monitoring the implementation and application of these questions, and our team is available to provide practical recommendations to help mitigate risk ahead of a consular nonimmigrant visa appointment.
For any questions regarding the new asylum-related questions or best practices for preparing for an upcoming visa interview, the immigration team at Meltzer Hellrung is available to assist.
