The Trump administration is preparing to revoke the tourist and business visas of foreign nationals who applied for asylum after arriving in the United States. The measure could affect up to 200,000 people, although the revocation of a visa would not automatically result in the denial of an asylum claim or immediate deportation.
The Trump administration is preparing a large-scale revocation of business and tourist visas held by foreign nationals who have applied for asylum in the United States. According to documents obtained by the Associated Press and statements from two U.S. officials, the measure could affect as many as 200,000 people.
If carried out on the announced scale, it would be the largest mass visa revocation in U.S. history. The U.S. Department of State is expected to begin implementing the measure in the coming weeks in coordination with the Department of Homeland Security (DHS). 
Visas Issued Over the Past Decade Targeted
The plan concerns B-1 and B-2 nonimmigrant visas issued between 2016 and 2026 to people who later applied for asylum or are currently doing so.
B-1 visas are issued for short business trips, while B-2 visas are intended for tourism, visits to family or friends, and travel to the United States for medical treatment. Applicants must demonstrate that they intend to stay in the country temporarily and return home after their visit.
The State Department claims that some foreign nationals obtain visas by presenting themselves as temporary visitors, even though they actually intend to apply for asylum after entering the country and remain in the United States permanently.
“We are coordinating with DHS to identify and revoke the nonimmigrant visas of foreigners who have come to the United States claiming to be short-term visitors, but then file for asylum to stay here permanently,” State Department spokesperson Tommy Pigott said.
However, Pigott did not confirm that all 200,000 people would be affected. He said the reviews and visa revocations would be carried out on a rolling basis and that the total number of potential cases remains subject to change.
Visa Revocation Does Not Mean Automatic Deportation
For people already in the United States, it is important to distinguish between a visa and immigration status. A visa is a document that allows a foreign national to seek entry into the country, but it does not, by itself, determine how long that person may remain in the United States.
Revoking a B-1 or B-2 visa would therefore not automatically result in the denial of an asylum claim or the person’s immediate deportation. The asylum process may continue regardless of whether the person’s tourist or business visa remains valid.
According to U.S. media reports, most people awaiting decisions on their asylum claims would have their business or tourist visas revoked. A revoked visa could no longer be used to seek re-entry into the United States.
However, the consequences would depend on the circumstances of each case, including when the person entered the country, how long they were authorized to remain, when they applied for asylum and whether they have another legal basis for staying in the United States. Filing an asylum application does not automatically grant a person conventional nonimmigrant status, although the time during which a properly filed asylum application is pending generally does not count as unlawful presence.
The Right to Seek Asylum Remains a Point of Contention
As a general rule, U.S. law allows foreign nationals who are physically present in the United States to apply for asylum regardless of how they entered the country or their current immigration status, subject to certain legal requirements and exceptions. Applicants must demonstrate a well-founded fear of persecution based on race, religion, nationality, political opinion or membership in a particular social group.
Applying for asylum after entering the United States on a tourist or business visa does not, by itself, prove that fraud was committed when the visa was obtained. Circumstances may change after a visa is issued or after a person arrives in the country. On the other hand, if the authorities determine that an applicant deliberately concealed an existing plan to remain in the United States when applying for a visa, this could further affect the person’s immigration status and subsequent proceedings.
The proposed measure has not been limited to citizens of any particular countries. This means that the review could include all B-1 and B-2 visa holders from the specified period who have applied for asylum, including citizens of Serbia and other countries in the region.
Legal Challenges Are Possible
The administration describes the measure as an effort to prevent the misuse of tourist and business visas. Deputy Secretary of State Christopher Landau said the asylum system was overwhelmed by a large number of meritless claims and by people using temporary visas to enter the country and then remain there.
Critics of the proposed measure argue that lawfully applying for asylum should not automatically be treated as evidence of visa misuse. The mass revocation could face challenges in U.S. courts, particularly if decisions are made collectively without an individual assessment of the circumstances in each case.
No final document setting out the complete rules, deadlines or notification procedures for affected visa holders has yet been published. The measure therefore remains a proposal, and a final decision to revoke up to 200,000 visas has neither been announced nor implemented.
