If You Say You Fear Your Country’s Government, the US Will Deny You a Visa

The measure seeks to eradicate potential asylum requests from non-immigrant travelers

Asylum applications at the border were suspended before the court’s decision, although the government plans to appeal. / EFE

14ymedio bigger14ymedio, Madrid, April 30, 2026 — Cubans applying for a US visa will now find themselves between a rock and a hard place. When consulate officials ask them if they fear what might happen to them in their home country, they will face the dilemma of lying—which would result in a permanent prohibition on entering the country—or telling the truth, in which case the visa will be denied.

Embassies and consulates received a diplomatic cable this week from the State Department indicating that visas should be denied to those who declare fear of their country’s regime.

“Consular officials must prevent abuse of the immigration system by visa applicants who misrepresent their purpose of travel, including those attempting to obtain nonimmigrant visas for the purpose of seeking asylum upon arrival in the United States,” the document states, as reported Tuesday by the Washington Post and confirmed Wednesday by CNN. Both outlets had access to the instruction and, in CNN’s case, to a White House source.

In the interview, applicants for all nonimmigrant visas—including tourist, worker, and student visas—must answer “no” to the questions: “Have you suffered harm or ill-treatment in your country of nationality or last habitual residence?” and “Do you fear harm or ill-treatment upon returning to your country of nationality or permanent residence?” If they do not, the official must not proceed with issuing the visa, the document states.

In the interview, applicants for all non-immigrant visas – including tourist, worker, or student visas – must answer “no” to the questions

Shortly after taking office, Donald Trump halted asylum applications, claiming there was an “invasion” from the border with Mexico. But last week, a federal court declared the measure illegal and reiterated that immigration laws give people the right to seek asylum at the border and that the president cannot restrict it.

With this decision, the asylum route is open again, hence the Administration is looking for another way to reduce the possibilities, since no one who has claimed fear of the Government of their country of origin, an essential requirement to qualify for international protection, will be able to reach the US.

“Consular officers are the first line of defense for U.S. national security, and the State Department uses every tool and resource available to determine whether each visa applicant qualifies under the law,” a Washington spokesperson told CNN. 

The Washington Post also sent its questions to the State Department, which responded similarly, adding: “As Secretary Rubio has made clear on numerous occasions, a U.S. visa is a privilege, not a right. People who do not intend to comply with our laws, including leaving the United States before their authorized period of stay ends, should not apply for a visa.”

“They are trying to systematically destroy any means by which a persecuted person can seek protection and safety in the United States,” Jeremy Konyndyk, president of Refugees International, told the media outlet.

The activist lamented how “any pretense that the United States cares about protection from persecution is completely abandoned. Someone is explicitly asked, ‘Are you being persecuted in your country?’ And if they answer ‘yes,’ the official response from the US government is, ‘Okay, stay there.’”

Konyndyk added that if such a measure had been in place years ago, it would have prevented Iranians from entering the country in the 1970s, Soviet dissidents during the Cold War, and German Jews in the 1930s.

To emphasize the seriousness of the measure, Konyndyk added that if such a measure had been in force years ago, it would have prevented the entry of Iranians in the 1970s, Soviet dissidents during the Cold War, and German Jews in the 1930s.

For her part, Camille Mackler, an immigration policy expert, told CNN that the new directive “is going to put people in really bad and terrible positions of having to make decisions that ultimately affect their safety and that of their families.”

This week, an analysis published by the Cato Institute revealed that the number of monthly asylum seekers at the border fell from nearly 40,000 in December 2024 to just 26 in February 2025, a 99% drop. Similarly, green card issuances —permanent residency—have plummeted by 99.8% in the last year, and family reunification applications have fallen by 20%.
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