United States: State Department Adds Asylum-Related Questions to Nonimmigrant Visa Interviews

On April 28, the State Department issued a cable to consular officers at U.S. embassies and consulates abroad, instructing officers to add two asylum-related questions to the nonimmigrant visa interview process, and to deny the visa application if the applicant’s answers indicate they may apply for asylum once in the United States. Media outlets and immigration organizations that have reviewed the April 28 cable report that the new questions to be asked of each nonimmigrant visa applicant 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 [or permanent residence]?” These questions relate to the threshold elements of an asylum claim.

The stated purpose of the new consular questioning is reportedly to decrease what the State Department views as misrepresentation in the nonimmigrant visa process for those who might seek asylum after entering the United States in nonimmigrant status. Nonimmigrant visa applicants who answer yes to either of the above questions or who decline to answer will be refused a nonimmigrant visa.

The new questions are not currently incorporated into the official Form DS-160 nonimmigrant visa application. The State Department cable directs consular officers to verbally ask these questions, to elicit verbal responses from the applicant, and to document their responses through case notes in the consular case system.

The full range of nonimmigrant categories are subject to the cable directive, including B-1/B-2 visitors, J exchange visitors, F students, and E, H, L, O, and P employment-based nonimmigrant visa applicants, among other nonimmigrant categories, as well as dependents of foreign nationals in any nonimmigrant category.