24 Jun 2026 Visa Applicants To Now Be Asked About Asylum/Persecution Claims
Several media outlets are reporting that the Department of State (DOS) has issued a cable instructing consular officers to question non-immigrant visa applicants (such as those applying for visitor, work, or student visas) about whether they believe they are being persecuted or will be persecuted on their return trip. If so, their visa will be refused.
Specifically, consular officers “should request that a non-immigrant visa applicant 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 the case notes.”
The two questions to now be asked of visa applicants 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?”
If the visa applicant responds “yes” to either question or refuses to answer the question, their visa will be refused/denied. If the visa applicant answers “no,” their response will be documented in the consular officer’s notes. If the person later comes to the U.S. and applies for political asylum, their credibility would be challenged, as it appears they must have been lying somewhere: either at their visa interview (when they said they were not being persecuted) or when they later apply for political asylum (when they suddenly claim that they were being persecuted or fear of future persecution.) They could possibly face an additional fraud charge based on misrepresentations at their visa interview.
It appears this new tactic of asylum questions is yet another attempt by the Trump administration to crack down on fraudulent asylum claims. During the Biden administration, millions of people poured across the southern border, with many claiming political asylum, and over 90% of those claims were bogus.
I also recall that back in the 90’s many Filipinos came to the U.S. on visitor visas and went to consultants, who urged them to apply for political asylum so they could get a work permit. Although they were never really persecuted, the consultant prepared and submitted fabricated stories of the NPA coming after them, just so they could get a work authorization. They were also told that they could renew the work authorization each year and then, in a few years, be eligible for a green card. That was all lies. Most of the Filipinos who applied for political asylum had their applications denied, and they were placed in deportation. Simply put, Filipinos love the Philippines, and even those who were applying for asylum looked forward to the time when they could take a trip back home. So where was the persecution?
The bottom line is the Trump administration is cracking down on all forms of immigration applications, loopholes, and fabrications. If you wish to apply for any immigration benefit, whether you are in the U.S. or abroad, you should consult with an attorney, who can evaluate your eligibility for the immigration benefit, and if you are eligible, the attorney can help gather the required documents and package your case to greatly increase the chances of success. This is all the more important during the Trump administration, where everything is looked at through a magnifying glass and they are really cracking down on people who apply for benefits to which they are not entitled.
WEBSITE: www.gurfinkel.com
Follow us on Facebook.com/GurfinkelLaw, YouTube: US Immigration TV and Instagram.com/gurfinkellaw
Four offices to serve you: LOS ANGELES; SAN FRANCISCO; NEW YORK:
TOLL FREE NUMBER: 1-866-GURFINKEL (1-866-487-3465)
PHILIPPINES: +632 8894-0258 or +632 8894-023