The United States State Department has issued a directive instructing all US embassies and consulates worldwide to deny temporary visas to applicants who indicate they have experienced harm or fear returning to their home country. The policy, detailed in an internal cable obtained by The Guardian, requires visa applicants to affirm they do not fear mistreatment as a condition for their interview to proceed.
New Screening Questions
The directive introduces two mandatory questions: “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?” If an applicant answers yes or declines to respond, their visa denial chances increase significantly.
Rationale Behind the Policy
The State Department claims the new process aims to reduce what it describes as a high number of aliens misrepresenting their intentions during the visa application process. The cable states: “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, 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 directive cites Executive Order 14161, signed by President Donald Trump in January 2025, which mandated enhanced immigration screening to prevent entry of potential security threats. A subsequent White House proclamation in June 2025 suspended entry for nationals of 12 countries and imposed partial restrictions on seven more.
Legal and Human Rights Concerns
Under US law and the 1951 Refugee Convention, the right to seek asylum is not conditional on how someone enters the country or what they told a visa officer. However, this policy creates a screening mechanism that filters out victims of persecution—including domestic abuse survivors, journalists facing death threats, and religious minorities—before they reach US soil, regardless of their travel purpose.
Applicants who correctly fear return but answer “no” to obtain a visa risk perjury charges, as making a material misrepresentation to a federal officer is a crime carrying a permanent bar from the United States.
Broader Context
The directive comes after a federal appeals court ruled that Trump’s invocation of an “invasion” at the southern border to curtail asylum seekers was unlawful, effectively reopening the US to migrants fleeing persecution. In March 2025, the US issued a separate directive expanding screening of student visa applicants, including social media vetting, to bar those deemed to be engaging in “terrorist activity,” which many interpreted as supporting Palestine.
The cable also cross-references classified operational guidance held on internal State Department systems, meaning the full scope of the policy remains unknown outside the department.
State Department Response
A State Department spokesperson said: “Consular officers are the first line of defense for US national security. Under President Trump, the Department of State is using all available tools and resources to determine whether each visa applicant qualifies under US law.”
The US issued nearly 11 million non-immigrant visas in fiscal year 2024, covering categories from tourists and students to H-1B tech workers and seasonal farmhands. The latest data for 2025 is still being processed.
