The process of travelling to the United States for Indian applicants may be even harder than before now that the United States Department of State has added another two required questions to the non-immigrant visa application, which many argue will be a problem for most applicants because the addition of these questions could figure to be a double-edged sword for many applicants alike.

The two new required questions for applicants to respond to on their visa applications are:

  • Have you been harmed or abused in your country or place of permanent residence?
  • Do you fear being harmed or abused if you return to your country of citizenship or place of permanent residence?

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What concerns the experts regarding these questions?

According to various immigration experts, answering these questions in the affirmative could put applicants in a situation with their immigration case. If applicants answer the question "yes" to the first question, that may raise concerns as to whether the applicant is telling the truth about wanting to return to his or her home country, which could lead to visa denial. 

On the other hand, if an applicant answers "no," it could create problems in the future regarding asylum claims. If current events in the applicant's country turn worse, and the applicant chooses to seek protection in the United States, the applicant will have difficulty proving credibility to his or her asylum claim based on the previous answer of "no."

Impact on Indian applicants

According to statistics, more than 41,000 Indians applied for asylum in the US in 2023. A large portion of these are people from Punjab and Gujarat who crossed the border illegally.

Immigration experts believe these new questions are aimed at legal immigrants who may plan to seek asylum in the US in the future.

What is the legal provision?

Allen Freeman, a prominent Pittsburgh-based immigration lawyer, expressed concern about the change, saying that US consular officers will now be instructed to enforce Section 214(b) of the Immigration and Nationality Act more strictly.

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Tourist and Student Visas: Section 214(b) presumes that every nonimmigrant applicant intends to settle in the U.S. If the applicant cannot provide proof of strong ties (such as employment, family, or property) to their home country, their visa is denied.

H-1B and L-1 visas: Rejections for applicants in these categories may occur under Section 221(g).

According to Freeman, if an applicant receives a visa today by answering these questions negatively, but later applies for asylum in the US, his or her previous statements will be used to challenge his or her truthfulness and credibility.

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