According to internal guidance shared with diplomatic posts globally, consular officers must now ask applicants to confirm they have not suffered harm in their home country and do not fear going back
According to internal guidance shared with diplomatic posts globally, consular officers must now ask applicants to confirm they have not suffered harm in their home country and do not fear going backPeople applying for short-term visas to the United States are now being asked a new, decisive question even before their interview can move forward: Do they feel unsafe returning to their home country?
Under updated instructions circulated by the US State Department, applicants who say yes or refuse to answer may face a sharply higher risk of rejection, marking a notable shift in how visitor visas are screened at embassies worldwide, according to a report by The Guardian.
New mandatory questions introduced at visa interviews
According to internal guidance shared with diplomatic posts globally and obtained by The Guardian, consular officers must now ask applicants to confirm they have not suffered harm in their home country and do not fear going back. The interview cannot proceed unless this condition is satisfied.
The two required questions are:
“Have you experienced harm or mistreatment in your country of nationality or last habitual residence?” and “Do you fear harm or mistreatment in returning to your country of nationality?”
Officials say the change is intended to detect applicants who may later seek asylum after entering the United States.
Government cites concerns over asylum-related misrepresentation
The directive argues that a large number of asylum claims from individuals already present in the US suggests that some applicants may not have fully disclosed their intentions earlier in the visa process.
“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 and at US ports of entry,” the directive reads, “and that information collected from visa applicants under current guidance is inadequate to identify those applicants who fear harm or mistreatment in returning to their home country.”
The cable detailing the policy shift was first reported by the Washington Post. It follows a recent ruling by a federal appeals court that found Donald Trump’s use of an “invasion” justification to restrict asylum at the southern border unlawful, effectively restoring access for people escaping persecution.
Policy applies across major visitor visa categories
The United States issued nearly 11 million non-immigrant visas in fiscal year 2024 alone. These visas cover a wide range of travellers, including tourists, international students, skilled workers on H-1B visas, seasonal labourers and corporate visitors. Figures for fiscal year 2025 are still being compiled.
Legal protections under US law and the 1951 Refugee Convention state that people have the right to seek asylum regardless of how they enter the country or what they previously told immigration officials. However, the latest screening step may prevent individuals facing genuine danger, such as survivors of domestic violence, threatened journalists or members of persecuted religious communities, from reaching US territory in the first place.
Applicants face risk of permanent entry bans
The policy also introduces legal risks for applicants navigating the interview process. Someone who fears returning home but denies it to secure a visa could later be accused of providing false information to a federal official. That offence can trigger a lifetime prohibition on entering the United States.
The new screening measure draws authority from executive order 14161, signed by Donald Trump in January 2025, which instructed agencies to intensify immigration checks to stop individuals viewed as potential security threats from entering the country.
A review conducted under that order led to a White House proclamation in June 2025 that completely blocked entry for nationals from 12 countries and placed partial restrictions on travellers from seven others.
Expanded screening already underway for students and others
The move follows another directive issued last year that required US consulates to widen scrutiny of student visa applicants, including reviewing their social media activity to identify those suspected of engaging in “terrorist activity”. Many observers interpreted the step as targeting expressions of support for Palestine.
Officials have also indicated that parts of the updated guidance remain classified within internal state department systems, leaving the full extent of the new procedures unclear outside government channels.