The U.S. Department of State has issued a diplomatic cable to embassies and consulates globally, instructing the denial of non-immigrant visas to any applicant admitting fear of harm or persecution upon returning to their home country. CNN confirmed this after reviewing the document.
This directive, signed by Secretary of State Marco Rubio, applies to all categories of temporary visas, including tourism (B-1/B-2), study (F, M, J), exchange, and temporary work visas. It became effective immediately on Wednesday, April 29.
According to the new regulation, consular officers must verbally ask each applicant two questions: "Have you experienced harm or mistreatment in your country of nationality or last habitual residence?" and "Do you fear harm or mistreatment upon returning to your country of nationality or permanent residence?"
The cable is clear: "Visa applicants must verbally answer 'no' to both questions for the consular officer to proceed with issuing the visa."
If an applicant responds "yes" to either question, the visa is immediately denied with no possibility of appeal at the consulate.
The Trump administration justifies this measure as a way to prevent "abuse of the asylum system."
The cable states, "Consular officers must prevent the misuse of the immigration system by visa applicants who misrepresent their travel intent, including those attempting to obtain non-immigrant visas to seek asylum upon arrival in the United States."
A State Department spokesperson added, "Consular officers are the first line of defense for U.S. national security."
This measure potentially impacts nearly 11 million non-immigrant visas issued in fiscal year 2024.
Legal experts warn that the directive places applicants in a severe legal dilemma: answering honestly leads to immediate visa denial, while denying fear to obtain it could be considered a false statement to a federal official, resulting in a permanent U.S. entry ban.
Immigration policy consultant Camille Mackler cautioned CNN that the new directive "will put people in very bad and terrible positions, forcing them to make decisions affecting their and their families' safety."
She added, "This pushes people toward unsafe routes and paths because if you need to leave, you will do whatever it takes to achieve that."
The measure also responds to recent judicial setbacks. Last Monday, a federal court ordered the reopening of the border for asylum applications, and the D.C. Circuit Court of Appeals rejected Trump's attempt to use an "invasion" declaration to suspend asylum rights at the southern border.
This directive is part of a series of immigration restrictions implemented since January 2025, including the suspension of immigrant visa processing for 75 countries and the national asylum approval rate dropping from 50% to 7%.
On the same Wednesday, the U.S. Citizenship and Immigration Services (USCIS) ordered a general pause on all immigration processes—including green cards, naturalization, DACA, TPS, and asylum—to implement new FBI security checks, directly affecting Cubans seeking legal ways to leave the Island.
Implications of New U.S. Visa Directive
What is the new U.S. visa directive about?
The directive mandates the denial of non-immigrant visas to applicants who admit fearing harm or persecution in their home countries.
Who signed the directive?
The directive was signed by Secretary of State Marco Rubio.
How does this directive affect visa applicants?
Applicants who admit fear of persecution face immediate visa denial and possible permanent U.S. entry bans if they misrepresent their intentions.
Why was this measure implemented?
The measure aims to prevent abuse of the U.S. asylum system and enhance national security.