Prince Harry may have entered the United States on a rare category of diplomatic visa and could still be using it, according to an immigration expert.
The suggestion comes amid an ongoing effort to force public disclosure of the Duke of Sussex’s immigration records following his confessions about drug use in his memoir ‘Spare’.
The duke may have been eligible 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 US authorities did not examine him for past drug use.
Meghan (left), Britain’s Duchess of Sussex, and Britain’s Prince Harry (right), Duke of Sussex, arrive at the state Governor’s House in Lagos on May 12, 2024 as they visit Nigeria as part of the Invictus Games anniversary celebrations.
Queen Camilla and King Charles III attend a dedication service for the Order of the British Empire at St Paul’s Cathedral on May 15, 2024.
Melissa Chavín, a London-based American immigration lawyer, said the duke could have had an ‘A-1 Head of State’ visa, which is used by heads of state and members of the royal family, as he is the fifth in the line of succession to the throne.
“It’s extremely special,” he told Dailymail.com. ‘And the security control 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 examined for espionage, terrorism and activities contrary to the foreign policy of the United States.’
The A-1 ‘Head of State’ visa is distinguished from the A-1 visa, which is for high-ranking diplomats.
A1 visa holders, such as an ambassador, are supposed to come to the United States to work as a high-level diplomat.
But the holder of an A-1 Head of State visa is free to come to the United States without working as a head of state or member of the royal family.
The Duke of Sussex leaves the Invictus Games Foundation 10th Anniversary Service at St Paul’s Cathedral on May 8, 2024 in London, England
Prince Harry, Duke of Sussex, attends a sitting volleyball exhibition match at Nigeria Unconquered, a community charity dedicated to helping wounded, injured or ill service members, as part of the Invictus Games anniversary celebrations in Abuja , Nigeria, on May 11. 2024
Prince Harry would not have needed to be a working royal or a representative of the British government.
If you have such a visa, you could keep it as long as you remain in line for the throne, Chavín said.
On each entry into the country you would be granted “duration of status,” meaning you can stay in the U.S. indefinitely on each visit.
According to the United States Embassy in London, to qualify for a regular A-1 diplomatic visa, an applicant “must travel to the United States on behalf of their national government to participate solely in official activities for that government.”
This is with the exception of the ‘Head of State or Government’ who qualifies for an A-1 visa ‘regardless of the purpose of the visit to the United States.’
Under the US Code of Federal Regulations, “members of a reigning royal family” qualify for an A-1 visa.
And there is an exception for anyone “individually authorized” by the US State Department, allowing discretion.
Prince Harry, Duke of Sussex and Meghan, Duchess of Sussex attend a polo fundraising event in Lagos, Nigeria, on May 12, 2024.
The Duke of Sussex attends a basketball event in Lagos, Nigeria, on May 12, 2024.
The regulations say: ‘In any case in which there is uncertainty about the applicability of these regulations to a principal alien applicant applying for such nonimmigrant status, the matter shall be immediately referred to the Department (of State) for consideration as to whether acceptance of The accreditation will be valid. is allowed.’
When background checks are performed, only the terrorism and national security aspects of the United States Immigration and Nationality Act would apply.
That would mean the Duke would only be investigated for risks including “espionage”, “sabotage”, “terrorist activities” and “overthrow or opposition to the US government”.
He would not have been investigated for past drug abuse, addiction or drug-related crimes.
His subsequent admission of drug use in his book would not affect said visa either.
Meghan Markle, center, shakes hands with a girl in a wheelchair during the African Giant Foundation at the Dream Big Basketball clinic in Lagos, Nigeria, Sunday, May 12, 2024.
Meghan, the Duchess of Sussex, speaks during a women in leadership event in Abuja, Nigeria, Saturday, May 11, 2024.
The possibility arises amid an ongoing legal battle by the Heritage Foundation, a Washington-based think tank, to force the disclosure of the Duke’s visa records.
He has sued the Department of Homeland Security (DHS) seeking to establish why the Duke was admitted despite public confessions of drug use.
When applying for a non-diplomatic US visa, foreign nationals are asked on the DHS visa form DH160: “Are you or have you ever been a drug addict or addict?”
They are also asked if they have ever “violated any laws related to controlled substances.”
If they answer “yes,” they may still receive an exemption.
The Heritage Foundation wants to see if Harry admitted to using illegal drugs before getting a visa.
They also want to establish whether he was granted an exemption and given any favorable treatment.
Sources close to the duke have previously indicated that he responded truthfully in his visa application.
However, it has not been confirmed what type of visa he applied for.
King Charles III greets guests during the Sovereign’s Creative Industries garden party at Buckingham Palace on May 15, 2024
United States District Judge Carl J. Nichols. Carl John Nichols
The judge in the Freedom of Information case, Judge Carl Nichols, recently ordered DHS to turn over documentation related to the Duke’s immigration status for him to review.
He has not yet made a decision on whether to make it public.
At a hearing in Washington in February, Judge Nichols and John Bardo, the DHS lawyer, repeatedly argued over whether the duke could have an A-1 diplomatic visa.
Mr Bardo told the court: ‘You 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 from the United Kingdom”.
The Lord Bard replied: “It is certainly plausible.”
The Duke of Sussex attends a basketball event in Lagos, Nigeria, on May 12, 2024.
Prince Harry, Duke of Sussex and Meghan, Duchess of Sussex in Abuja, Nigeria on May 10, 2024 in Abuja, Nigeria
The judge questioned the idea “given the current relationship between the duke and his father.”
But Mr Bardo said: “He may have a diplomatic visa.” He remains a member of the British royal family. He has the title of Duke of Sussex.
During the court process, the DHS described the Duke as a “public official in the United Kingdom.”
Lawyers for the Heritage Foundation have argued that it would be “absurd” for the duke to have a diplomatic visa and, if he did, then there should be “questions in Parliament” about it.
