Non-immigrant visa applicants to the US now have to deal with two additional 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?An affirmative answer to either could result in a visa denial. The catch — if the situation in their home country changes and they wish to apply for asylum, they may be denied the same.More than 41,000 Indians have applied for asylum in the US in 2023. A significant portion of them, from Punjab and Gujarat, have largely crossed the borders illegally.Immigration experts say these two questions are aimed at legal immigrants who could end up seeking asylum after entering the US.Ellen Freeman, a Pittsburgh-based immigration attorney, said, “US consular officers will be instructed to rigorously apply section 214(b) of Immigration and Nationality Act to applicants subject to that provision.” This section states that every non-immigrant visa applicant (for example, tourists or students) is presumed to be an intending immigrant. If a consular officer is not convinced that the individual concerned has strong ties with his/her home country and will return, the visa is denied. “For H-1B and L-1 (intra-company transfer cases) visa applicants, refusals would be under Section 221(g),” she added.“An applicant who receives a visa based on a negative response to the questions and later applies for asylum in the US could be challenged on the veracity of their claim against their statement at the visa interview,” said Freeman.
