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ARTICLE · 05 MAY 2026

Updated Asylum-related Questions At US Consulate Visa Interviews May Be Grounds For Nonimmigrant Visa Denials

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

Herbert Smith Freehills Kramer LLP

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Several major media outlets have reported that on April 28, 2026, the U.S. Department of State issued a cable, effective immediately, directing consular officers to “request that a nonimmigrant visa applicant affirm that he or she does not fear harm or mistreatment in returning to his or her country...

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Several major media outlets have reported that on April 28, 2026, the U.S. Department of State issued a cable, effective immediately, directing consular officers to “request that a nonimmigrant 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 case notes.” This guidance directly targets foreign nationals intending to apply for asylum in the United States, and could potentially penalize others based on a perceived intent.

Consular officers will be required to ask nonimmigrant visa applicants two questions:

  1. Have you experienced harm or mistreatment in your country of nationality or last habitual residence?

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