A number of credible news sources have reported that the US Department of State (DOS) has issued a cable dated April 28, 2026, that requires consular officers adjudicating nonimmigrant visa applications to ask visa applicants to “affirm that he or she does not fear harm or mistreatment in returning to his or her country of nationality or former habitual residence, and document the response in case notes.” The purpose of this question is obviously to identify visa applicants that may in the future seek a grant of asylum in the United States.
The text of the cable has not yet been made public, but it apparently requires consular officers to pose two oral questions to all nonimmigrant visa applicants: (1) “Have you experienced harm or mistreatment in your country of nationality or last habitual residence?” and (2) “Do you fear harm or mistreatment in returning to your country of nationality or permanent residence?”
A negative response to both questions is required before a nonimmigrant visa may be issued. If an affirmative response is provided to either or both questions or if the applicant declines to answer, the visa application will be denied. The basis for the denial for most applicants will be Section 214(b) of the Immigration and Nationality Act, which provides a broad presumption of immigrant intent for all nonimmigrant visa applicants except those applying for H-1B and L-1 nonimmigrant visas. For the latter categories of applicants, the basis for denial would be Section 221(g) of the Immigration and Nationality Act. This section allows consular officers to deny nonimmigrant visa applications if the applicant appears to be ineligible to receive a visa, if the application fails to comply with statutory or regulatory provisions, or if the consular officer knows or has reason to believe that the applicant is ineligible to receive a visa.
A nonimmigrant visa applicant who answers both questions above negatively and is then issued a visa may, if he or she subsequently seeks asylum in the United States, find that these negative responses undermine the claim for asylum. In addition, it is possible that the applicant may be found to have engaged in misrepresentation at the time of the visa application. This could make the applicant ineligible for further visas or other immigration benefits, although it would not bar a grant of asylum.
The DOS cable is effective immediately, and all nonimmigrant visa applicants should expect to be asked the two questions above at the time of their visa interview. It is possible that the two questions will be added to Form DS-160, the Online Nonimmigrant Visa Application at some point in the future.
