POTS AND BANS
Prince Harry ‘DID tell US officials about drug use’ – as visa row rumbles on
PRINCE Harry declared his past drug use when applying for his US visa, it has been claimed.
In his autobiography Spare and several TV interviews, the Duke of Sussex admitted to experimenting with cocaine, marijuana, magic mushrooms and ayahuasca.
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Questions were previously raised about how the 38-year-old was granted permission to stay in the country as the substances are tightly controlled or banned.
Residency permits are often denied when answering 'yes' to the question: "Have you ever violated any law related to possessing, using or distributing illegal drugs?" or "Are you or have you ever been a drug abuser or addict?" - or following interviews and rigorous testing.
Some believed Harry did not tell officials of his history - or may have received special treatment due to his family's status or wife Meghan Markle's fame.
But a source close to the prince told that he was "truthful" on his visa application, suggesting he disclosed his drug-taking.
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The Heritage Foundation, a conservative research institute, has requested a copy of Harry's documents from the Department of Homeland Security (DHS) under the Freedom of Information Act.
If it is found he lied on his forms, he could be kicked out of the country, experts say.
The foundation's attorney and former top Congressional counsel Samuel Dewey told the : "Was preferential treatment given to Prince Harry because of who he was?
"Was the process not followed? If it wasn't, that's a big deal.
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"Individuals in the past with that history have not been let into the country."
In 2014, TV chef Nigella Lawson was banned from boarding a flight from Heathrow to Los Angeles four months after she confessed to experimenting with narcotics.
The late singer Amy Winehouse was also denied entry to the country to attend the Grammy Awards in 2008 because of admissions about her battle with drug addiction.
Lawyers believe Harry's visa could be revoked and he may be deported.
Former federal prosecutor Neama Rahmani told that "an admission of drug use is usually grounds for inadmissibility" and stressed there is "no exception for royalty".
Talking to GB News, royal commentator Kinsey Schofield added: "Immigration attorneys here in the States are saying that there are two ways that deportation could loom over Prince Harry.
"That's if he's caught doing a crime, which we heard him say in his pay-per-view interview, where he was openly discussing illegal drug use.
"Or if in this visa application, he lied about his drug use, that could actually result in deportation, too."
'NO EXCEPTION FOR ROYALTY'
And Nile Gardiner, director of the Margaret Thatcher Centre for Freedom, said: "What we are asking is whether [Harry] was open and transparent with the application, whether there were any particular favours given, was he treated differently to everybody else.
"We believe in the rule of law."
People who emigrate to the US are typically given a three-year visa, so Harry may need to re-apply, or try for a Green Card or citizenship, later this year.
If initially rejected, he could request to have follow-ups with medical examiners over several months.
In his memoir, the duke, who lives in California, admitted he regularly smoked cannabis and misused alcohol as a teenager.
He then tried cocaine for the first time aged 17 while on a hunting weekend, before snorting "a few more lines" on several other occasions.
In a subsequent TV interview, the prince admitted using Class A ayahuasca, a high from Amazon rainforest vines, to help him cope with the trauma of his mum Princess Diana’s 1997 death.
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He also described his hallucinogenic experiences under the effects of magic mushrooms - which included talking to a bin.
US immigration authorities have until April 12 to respond to the Heritage Foundation.
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Prince Harry's visa row
PRINCE Harry is likely in the US on a temporary non-immigrant visa, possibly O-1 for extraordinary ability or E-2 Treaty Investor based on his US business interests.
For the O-1, the application process involves two steps:
- Petition stage - filing a petition with USCIS to determine that he meets the requirements for extraordinary ability.
- Visa stage - upon approval, application itself involves an assessment of factors, including criminal history.
At the visa stage, the Duke of Sussex would have completed a DS-160 form. Part of this asks two questions, which must be answered:
- Are you or have you ever been a drug abuser or addict?
- Have you ever violated or engaged in a conspiracy to violate any law relating to controlled substances?
If declared on the DS-160, and then formally at interview, Harry may be considered medically or criminally ineligible.
Admissions in his book Spare would not be considered "formal" - but an interviewing officer could make them so by questioning him on his claims of drug use.
If the prince admitted to any immigration officer that he had previously used illegal drugs, he would be ineligible to the US.
Without exceptional circumstances, Harry would likely never be able to hold a green card or become a US citizen if he formally admits to using cocaine.
If he denied use, an officer may conclude he was lying so he would struggle to obtain any US visa. Similarly, if he did not declare his previous drug use when he applied for his current visa, an officer may find he has already misrepresented.
If deemed criminally ineligible, Harry would need to be recommended at an embassy interview for a Waiver of Inadmissibility. This can take months.
Given the nature of the admissions and the compelling reasons for his entry, including large value contracts, Harry would probably be recommended for Waiver.
The requirement for testing is unlikely because the drug use admission does not appear to be recent use.
The Embassy must, for example, refer him for a medical examination if he had one or more alcohol/drug related arrests in the last five years, or two or more in the last 10 years.
Due to press attention, an officer could use its discretion to order a medical to ensure he does not continue to use illegal substances.
If you do not declare drug use, it can cause huge problems when trying to obtain future visas - although in reality, it is extremely uncommon for anyone who has not been arrested for drug offences to declare use or violation.
There are no exceptions available for high-profile cases, but authorities can use their discretion to favour celebrities and "fast-track" decisions.
Where an average person may have to wait months for a Waiver, Harry could potentially get it informally fast-tracked through contracts.
O-1 visas have to be renewed every five years or less so Harry may soon have to decide whether to declare or not.
The difference between Harry's admissions and someone like Nigella Lawson is that his admissions in his book were not under oath so do not immediately render him ineligible, but very well can.
Source: Attorney / Solicitor Kaitlin Davies at
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