By: Fatou M Jawo Esq.
Gambian Lawyer
LLM candidate, Penn State Dickinson Law School
On 08/05/2025, the US Department of State published a temporary final interim rule (TFR) in Title 22 of the Code of Federal Register announcing the commencement of a 12-month-long visa bond pilot program. Under this rule, any noncitizens applying for a temporary visa for tourism, pleasure, or business purposes from a designated country will be required to post a bond if eligible for a visa. Countries to be subjected to this pilot program are those identified by the DOS as having (1) high visa overstay rates, (2)where screening and vetting information is deemed deficient, or (3) offering Citizenship by Investment, if the person obtained citizenship with no residency requirement.
September 26, 2025, DOS published the names of three countries whose citizens or nationals holding the named countries’ passports will be subjected to the pilot bond program. The countries are (1) The Gambia (Oct. 11, 2025), (2) Malawi (Aug. 20, 2025), and Zambia (Aug. 20, 2025). For this information, our focus will be on the Gambia.
Under the three categories identified by the DOS for the basis for inclusion of countries in the pilot program, the Gambia does not rank among the top three countries with higher visa overstay. See 2024 Fiscal Year Entry/Exit Report for Visitor’s Visa. Indeed, the Gambia has a high rate of overstays for visitor visas.
Although the Gambia stands at 12.70% total overstay for visitors’ visa, the 2024 Fiscal Year reports show countries with a higher rate. For example, Zambia’s overstays are only at 10%, with Chad at 28.66%, Haiti at 24%, Bhutan at 21.75%, Equatorial Guinea at 21.68%, Congo Brazzaville at 20.16%, Djibouti at 19.78%, Togo at 16%, Liberia at 14.76%, Angola at 14%, to name a few. Therefore, based on the overstay rate, The Gambia certainly does not rank among the top three countries that would merit their inclusion.
This leads us to the second criterion of the Department of State’s consideration. Is The Gambia a country where screening and vetting processes are sufficiently deficient to warrant inclusion? The answer is clear: no. Despite facing challenges, The Gambia maintains strong security and vetting standards compared to other African nations. Although recent reports of drug trafficking, including an incident at the main airport, are a concern, the question is whether they elevate The Gambia’s threat level to raise the US antennas.
Suppose security is not the primary concern for including The Gambia. In that case, we must consider whether the country offers passports (citizenship) to potential investors or nationals without rigorous residency or background checks. Any indication that the US believes security breaches through such loopholes would be unacceptable and detrimental. While we await further clarity and expect The Gambia to collaborate with US authorities to be removed from this pilot program, here are the essential facts potential visa applicants should know:
– They will only need to post the bond if deemed eligible for a visa.
– The consular officer will determine the bond amount, which ranges from $5,000 to $15,000.
– Prepayment of the bond is unnecessary and could result in forfeiture if the visa application is denied.
– If granted a visa and the bond is paid, applicants must travel to and depart from the US via designated airports (JFK in New York, Dulles in Washington, D.C., Logan in Boston).
– The bond will be forfeited if the applicant violates visa terms, such as engaging in unlawful employment or criminal activity; files an untimely status extension or change; remains beyond the authorized stay; or files for a change or extension that is denied, and fails to depart within 10 days. See Form I-352. A status change is deemed to be within the same non-immigrant visa category.
Remember, a visa only authorizes you to board your flight and reach the US border. Your length of stay is governed by the electronic Form I-94, which records your arrival and departure. Although the standard stay is typically six months, this period could be shorter under the pilot program. Rest assured, the system is designed to ensure compliance, and applicants should verify their stay terms upon entry.
