WASHINGTON:- Under new guidance from the U.S. Department of State, nonimmigrant visa applicants, including visitors to the United States, will now have to demonstrate to consular officers that they are not at risk of harm in their home country and have no fear of returning home. That is, the applicant will have to assure the U.S. that they will not seek asylum in the country.
If an applicant states that they have experienced harm in their home country and fear returning home, or refuses to answer these questions, their visa will be more likely to be denied. All U.S. embassies and consular offices around the world are instructed to ask applicants to confirm that they do not fear harm upon returning to their home country before the visa interview.
The two newly added questions are: Have you experienced any harm or abuse in your country of nationality or place of last residence? Do you fear harm or abuse upon returning to your country of nationality?
The ministry claims that the procedure was introduced to reduce misrepresentation during the visa process. The guideline states, “The high number of asylum seekers in the United States demonstrates that many foreigners conceal their true intentions from consular officers at visa applications and points of entry.”
The U.S. State Department issued nearly 11 million nonimmigrant visas in fiscal year 2024. This includes tourists, students, temporary workers, seasonal agricultural workers, and business people. Under U.S. law and the 1951 Refugee Convention, the right to seek asylum does not depend on how a person entered the country or what they told a visa officer.
However, this new policy increases the risk that individuals facing persecution, victims of domestic violence, journalists facing death threats, or persecuted religious minorities will be stopped before they can reach the United States. In addition, there is the risk of “false statements.” If an applicant says “no” to a visa despite fear, it will be considered a crime committed by a federal officer, which could result in a permanent ban on entry to the United States.
This directive is based on Executive Order 14161, issued by Trump on the day he took office in January 2025. Following a review of that order in June 2025, a full ban was imposed on citizens of 12 countries and a partial ban on 7 others.
Earlier, in March 2025, it was directed to check the social media accounts of student visa applicants and block them if they are found to be involved in “terrorist activities.” The full details of the new policy are still being kept secret. The Ministry of Foreign Affairs has not yet made any official comment on it.