U.S. nonimmigrant visa interviews now include two additional asylum-related questions. According to news reports, the U.S. Department of State sent a cable dated April 28, 2026, instructing consular officers to ask these questions during nonimmigrant visa interviews worldwide.
If you are applying for a nonimmigrant visa, read further to understand the new questions and what they could mean for your visa interview.
What Changed and When Did It Take Effect?
Effective April 28, 2026, consular officers were reportedly directed to ask all nonimmigrant visa applicants two additional questions about past harm and fear of returning to their country of nationality or habitual residence. The responses are recorded in the officer’s case notes, and the change reportedly took effect immediately.
The questions are not currently part of the DS-160, although reports suggest they could be added to the form in the future. Applicants may therefore encounter these questions for the first time during their in-person consular interview.
What Are the Two New Asylum Questions?
Consular officers are reportedly instructed to ask the following questions:
- Have you experienced harm or mistreatment in your country of nationality or last habitual residence?
- Do you fear harm or mistreatment in returning to your country of nationality or permanent residence?
Why These Questions Are Being Asked
In the case of a nonimmigrant visa, a person is allowed to enter the United States temporarily for a specific purpose, such as tourism, study or employment. The applicant is generally expected to use the visa for that purpose and return home after their authorised stay.
Asylum, on the other hand, allows eligible individuals who fear persecution or serious harm in their home country to seek protection in the United States.
The new questions help consular officers determine whether an applicant has experienced harm or fears returning to their home country. If an applicant says they fear returning, the officer may question whether the applicant genuinely intends to return home after the temporary visit or may instead seek asylum in the United States. This could affect the applicant’s eligibility for a nonimmigrant visa.
The intent of these questions would appear to be, to disallow any individual who enters on a nonimmigrant visa, to later claim asylum in the U.S, after they arrive in the U.S.
How Consular Officers Record Your Responses
The questions are asked verbally during the visa interview, and the applicant’s responses are documented in the consular officer’s case notes rather than on DS-160. The applicants should answer “no” to both questions for the officer to proceed with visa issuance, unless ofcourse there is a fear of mistreatment or harm to them or their families.
If an applicant is refused a visa based on these questions, the applicable legal ground for refusal may depend on the visa category. Most refusals on this basis are expected to be issued under INA Section 214(b), which generally applies to nonimmigrant applicants who must demonstrate that they intend to return after their temporary stay. H-1B and L-1 applicants, who are not subject to this presumption, may instead receive a refusal under INA Section 221(g).
Which Visa Categories Are Affected?
The new questions apply broadly to nonimmigrant visa applicants across different visa categories and are not limited to applicants from specific countries.
Visitor, Student and Exchange Visas (B, F, J)
For B-1/B-2 visitors, the questions may be particularly relevant because these visas are intended for temporary travel, such as tourism, visiting family or attending business activities. If an applicant says they fear returning home, the officer may question whether they genuinely intend to return after their visit.
For F-1 students, the questions add another issue to the visa interview. The officer may consider whether the student intends to use the visa for study and return home after completing their authorised stay, particularly if the applicant states that they fear returning to their country.
For J-1 exchange visitors, the questions may similarly form part of the officer’s assessment of whether the applicant intends to participate in the exchange programme temporarily and comply with the terms of the visa.
Employment-Based Visas (H-1B, L-1, O-1, E)
The questions also apply to applicants seeking temporary employment in the United States. This includes H-1B, L-1, O-1, and E visa applicants. Even though these applicants are travelling primarily for work, they may still face asked the additional questions relating to ‘asylum’ during their visa interview.
Dependents of Foreign Nationals
The new questions may also be asked to the dependents of nonimmigrant visa holders, including spouses and children applying for dependent visas during their visa interviews. Dependents should therefore be prepared to answer these questions truthfully and clearly, based on their own circumstances.
How to Prepare for Your Nonimmigrant Visa Interview
- Understand your visa category: Be familiar with the purpose and requirements of your visa before the interview.
- Review your travel purpose: Be prepared to clearly explain why you are travelling to the United States
. - Know your immigration history: Review your previous U.S. visa applications, travel and immigration history.
- Answer truthfully: Answer the officer’s questions clearly and honestly. If asked about your intention to return home, be prepared to explain your reasons for returning, such as your job, business, studies, family ties, etc.
- Avoid memorised answers: Do not give rehearsed answers simply because you think they will improve your chances of getting a visa.
- Keep your answers relevant: Answer the question asked and avoid providing unnecessary information that is unrelated to the interview.
- Seek legal advice when needed: If you have a complicated immigration history or genuine concerns about returning to your country, consider obtaining individual legal advice before your interview.
The asylum questions are part of a broader shift in how U.S. consular interviews are conducted in 2026 – our guide on Evolving U.S. Visa Interview Trends covers the full range of new questioning patterns applicants should prepare for
Consistency with Your DS-160 and Prior Applications
Your interview answers should be consistent with your DS-160 and previous U.S. visa applications. Review your application before the interview so you understand the information that was submitted. Pay particular attention to your travel purpose, employment, education, family circumstances and previous immigration history. If your circumstances have changed since an earlier application, be prepared to explain the change accurately rather than giving an answer that conflicts with your records.
Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Receipt of this communication does not establish an attorney-client relationship. Please consult with a qualified immigration attorney regarding your specific circumstances.
