Did Prince Harry have a rare visa ‘just for royals’ when he moved to the US? Status would mean not having to answer questions about drug use, says immigration expert

Prince Harry could have entered the United States on a rare type of diplomatic visa and could still use it, an immigration expert has said.

The suggestion comes amid an ongoing effort to force the disclosure of the Duke of Sussex’s immigration records following his admissions of drug use in his memoir ‘Spare’.

The Duke may have been entitled to use the special visa to enter the US when he moved there with his wife Meghan Markle in 2020.

It would have meant that he had not been checked by US authorities for past drug use.

London-based US immigration lawyer Melissa Chavin said the duke may have had an ‘A-1 head of state’ visa, used by heads of state and members of the royal family, as he is fifth in line to the throne.

“It’s just really special,” she told Dailymail.com. ‘And the security check is not the same. It’s a lower security check.

‘It is a visa especially for members of royal families. For an A-1 Head of State visa, the security and background check questions are not the same as for most visa applicants. They are only screened for espionage, terrorism and activities contrary to U.S. foreign policy.”

The A-1 ‘Head of State’ visa is distinct from the A-1 visa, which is intended for senior diplomats.

Holders of an A1 visa, such as an ambassador, are expected to come to the US to work as a senior diplomat.

But a holder of an A-1 head of state visa is free to come to the US without working as a head of state or member of the royal family.

Prince Harry shouldn’t have to be a working royal or representative of the British government.

If he holds such a visa, he could keep it as long as he is eligible for the throne, Chavin said.

Each time he enters the country, he would be granted “duration of status,” meaning he could remain in the U.S. indefinitely each time he visits.

According to the U.S. Embassy in London, to qualify for a regular A-1 diplomatic visa, the applicant must “travel to the United States on behalf of your national government to engage solely in official activities for that government.”

That is with the exception of the “head of state or government” who is eligible for an A-1 visa “regardless of the purpose of the visit to the United States.”

According to the U.S. Code of Federal Regulations, “members of a ruling royal family” are eligible for an A-1 visa.

And there’s an exception for anyone “individually authorized” by the U.S. Department of State, allowing for discretion.

The regulations state: ‘In any case where there is uncertainty as to the applicability of these regulations to an alien principal applicant requesting such nonimmigrant status, the matter shall be promptly referred to the Department of State for consideration or acceptance of the accreditation will take place. be granted.’

If a background check is conducted, only the terrorism and national security aspects of the U.S. Immigration and Nationality Act apply.

This would mean that the Duke would only be vetted for risks such as ‘espionage’, ‘sabotage’, ‘terrorist activities’ and ‘overthrow of or opposition to the US government’.

He would not have been vetted for past drug abuse, addiction or drug-related crimes.

His later admission of drug use in his book would also have no influence on such a visa.

This possibility comes amid an ongoing legal battle by the Heritage Foundation, a Washington-based think tank, to force the release of the Duke’s visa records.

It has sued the Department of Homeland Security (DHS) to determine why the Duke was admitted despite public admissions of drug use.

When applying for a non-diplomatic U.S. visa, foreigners are asked on the DHS DH160 visa form, “Are you or have you ever been a drug abuser or addict?”

They are also asked if they have ever “violated any laws regarding controlled substances.”

If they answer ‘yes’, they can still get an exemption.

The Heritage Foundation wants to see if Harry admitted to using illegal drugs before he was granted a visa.

They also want to determine whether he was granted relief and received favorable treatment.

Sources close to the duke have previously indicated that he responded truthfully to his visa application.

However, it has not been confirmed which type of visa he applied for.

The judge in the Freedom of Information case, Judge Carl Nichols, recently ordered DHS to turn over paperwork related to the Duke’s immigration status to him for review.

He has not yet made a decision on whether to make it public.

During a hearing in Washington in February, Judge Nichols and John Bardo, the DHS attorney, repeatedly discussed whether the Duke could have an A-1 diplomatic visa.

Mr Bardo told the court: ‘He could have a category A diplomatic visa. It is possible. We would say it is possible,’

Judge Nichols asked whether it was ‘plausible’ that the duke was ‘here as a diplomat for Great Britain’.

Mr. Bardo responded, “It’s certainly plausible.”

The judge questioned the idea “given the current relationship between the Duke and his father.”

But Mr Bardo said: ‘It is possible he has a diplomatic visa. He is still a member of the British Royal Family. His title is: Duke of Sussex.’

During the legal proceedings, DHS described the duke as a “government official in Great Britain.”

Lawyers for the Heritage Foundation have argued that it would be ‘absurd’ for the duke to have a diplomatic visa and, if so, there should be ‘questions in parliament’ about it.