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By Dan Gooding
Associate News Editor
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Immigrants and visitors wanting to make it to the United States could see their application denied if they answer two new questions incorrectly, according to a State Department cable.
The memo, viewed by The Washington Post and The Guardian, marks the latest effort by the Trump administration to severely limit asylum applications, with prospective visa holders asked if they fear returning to their home country. A "yes" could see their temporary visa denied.
According to the directive, officials at embassies and consulates will now be required to ask applicants: “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?”
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Why The State Department Change Matters
The new questions would be the latest change the Trump administration has made to the legal immigration system over the past 15 months as part of efforts it says are to increase national security and ensure immigration fraud is rooted out.
One major concern has been asylum, with the White House arguing that the system was too lax under the Biden administration, allowing too many people to claim asylum and remain in the U.S. Efforts have been made to restrict asylum at the southwest border, but the latest memo draws attention to concerns that visitors and temporary visa holders could also claim asylum when they are already in the U.S.
"For decades, the United States has offered protection to those fleeing danger," Jennie Murray, President and CEO of the National Immigration Forum, told Newsweek in a statement. "This policy would invert the legacy of that core American value by explicitly excluding people because of the threats they could face returning home. We would like to see policies that remain inclusive of those who are most vulnerable."
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New Visa Questions: What To Know
The State Department directive says the new questions are designed to address the concerns around asylum misuse.
“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 read, per The Guardian. “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.”
If an applicant knowingly answered "no" to the two questions but did not mean it and is discovered, the person could face punishment for lying to a federal officer.
The change is based off President Doanld Trump's January 20, 2025, executive order that asked federal agencies to increase vetting of immigrants seeking to come to the U.S. It also follows a ruling last week that said the current bar on processing asylum applications from those in the U.S. was unlawful.
Which Visa Applicants Are Impacted?
The new directive applies to nonimmigrant visa applicants being vetted for their visa at a U.S. embassy or consulate in their home country.
Nonimmigrant visa categories include visitors not eligible for an ESTA, college students, temporary farm workers, business executives and H-1B workers.
Applicants who see their bid for a visa denied are able to reapply but cannot appeal.
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