Two new US visa questions could lead to rejection for non-immigrant applicants

Applicants must confirm they do not fear harm or mistreatment in their home country for visa issuance to proceed

The United States has added two new questions to its non-immigrant visa interview process that could result in rejection for applicants who express fear of returning to their home country.

According to a cable reviewed by The Washington Post, the Trump administration issued a directive on Tuesday ordering all US diplomatic missions to implement the change with immediate effect.

The two new questions

The directive, outlined in a message from the office of Secretary of State Marco Rubio, requires consular officers to ask:

"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?"

"Visa applicants must respond verbally with a 'no' to both questions for the consular officer to continue with visa issuance," the cable states. Officers must document the response in case notes.

What happens if you say yes

Applicants who answer "yes" or decline to respond will not have their visa application processed.

The cable does not explicitly state what would happen if someone answers "no" but later applies for asylum after entering the United States. However, such a scenario could leave the applicant vulnerable to allegations of visa fraud and potential deportation.

"An applicant's fear of returning to his or her country of nationality or permanent residence calls into question an applicant's intended purpose of travel and immigrant intent at the time of visa application," the cable states.

Why the questions are being introduced

The directive states that the new procedure is intended to address what the State Department views as misrepresentation during visa applications.

"The high number of aliens claiming asylum in the United States indicates that many aliens misrepresent this intention to consular officers in the visa application process," the cable states.

Criticism from refugee advocates

Jeremy Konyndyk, president of Refugees International, criticized the move:

"They're trying to systematically demolish any means by which a persecuted person could seek protection and safety in the United States."

Under federal law, foreign nationals can seek asylum once in the country if they face persecution or a well-founded fear of persecution back home. Refugees can also be resettled through a separate process that takes place outside the country.

Part of broader immigration restrictions

The directive is the latest effort by the Trump administration to limit both asylum and refugee admissions. The administration has barred almost all refugees other than White South Africans, citing alleged fraud and risks to US citizens.

Monthly asylum seekers at the southwest border dropped from nearly 40,000 in December 2024 to just 26 in February 2025, according to an analysis by David Bier**, director of immigration studies at the Cato Institute.

The administration has also implemented a travel ban affecting citizens of 39 countries, reduced visas for students and temporary workers, and canceled Temporary Protected Status (TPS) for hundreds of thousands of migrants from 13 countries.

On Wednesday, the US Supreme Court will hear oral arguments in a lawsuit against the administration's attempt to withdraw TPS for 350,000 Haitian and 6,000 Syrian immigrants.

Follows court ruling on asylum restrictions

The directive comes after a federal appeals court ruled late last week that President Trump's declaration of an "invasion" at the US-Mexico border to restrict asylum seekers was illegal, effectively clearing the way to reopen the country to migrants fleeing persecution. It was not clear when asylum processing would resume, and the administration has indicated it will appeal the decision.