State Dept. Requires Harm Questions for Visa Applicants

The U.S. State Department has directed consular officers at embassies and consulates worldwide to ask nonimmigrant visa applicants two specific questions about past harm or fear of returning to their home countries, requiring a "no" response to both to proceed with processing.

The directive, outlined in a cable sent this week to all U.S. diplomatic missions, applies to categories such as tourist, student and temporary work visas. Officers must inquire: "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?" Applicants answering "yes" to either question face immediate visa denial, according to the cable.

The measure aims to prevent applicants from misrepresenting their travel purpose, including using nonimmigrant visas to enter the United States and later apply for asylum. U.S. law allows asylum claims only from individuals physically present in the country who are fleeing persecution based on political opinion, race, religion or membership in a particular social group.

A State Department spokesperson emphasized the role of...