Prince Harry may never get US citizenship, lawyer warns

Prince Harry might never get his Green Card - or US citizenship - after his admission he took several different drugs, a lawyer says.

Harry previously admitted to taking cocaine, magic mushrooms, marijuana and ayahuasca, which are all either banned or strictly controlled in the United States, The Sun reported.

The revelations raised questions over how the Duke of Sussex, 38, got his current visa, as candidates are quizzed on their drug history. It's likely he got a temporary non-immigrant visa called an O-1.

Prince Harry, Duke of Sussex arrives at the Royal Courts of Justice on March 28, 2023 in London, England.

Photo / Getty Images

It's also given rise to speculation he may not be allowed to stay in America long-term.

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Solicitor and immigration specialist Kaitlin Davies told The Sun: "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."

Revelations made during TV interviews or in his memoir Spare are not considered "formal" as they have not been made under oath. But they could become formal if he is questioned during an official interview.

"If the prince admitted to any immigration officer that he had previously used illegal drugs, he would be deemed ineligible for a visa," Davies said.

For example, celebrity chef Nigella Lawson was forbidden from boarding a flight from London's Heathrow to Los Angeles several months after she admitted to taking narcotics.

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And the late Amy Winehouse was barred from entering the US to go to the 2008 Grammy Awards over admissions about her battle with drug addiction.

Harry writes in Spare that as a teenager, he often smoked cannabis and misused alcohol.

Prince Harry and Meghan Markle appear in their Netflix series, Harry & Meghan.

Photo / Netflix

He writes that he tried cocaine aged 17 during a hunting weekend, and snorted "a few more lines" in several other instances. During TV interviews, he has admitted to using ayahuasca, a Class-A drug which originates from the Amazon rainforest, to cope with the grief that persisted throughout his life following his mum Princess Diana's traumatic death.

Elsewhere, he recalled taking magic mushrooms and hallucinating while talking to a rubbish bin.

When applying for an O-1 visa, candidates must declare any criminal history and past drug use, responding to the questions "Are you or have you ever been a drug abuser or addict?" and "Have you ever violated or engaged in a conspiracy to violate any law relating to controlled substances?".

Sources suggest Harry shared this information with officials. If he did so in writing, and followed it up with a verbal admission during the interview process, he may be considered criminally or medically ineligible for citizenship.

A denial could lead officers to the conclusion that he was misrepresenting the truth, based on the claims in Spare, meaning he could struggle to obtain the right to remain in the US.

Prince Harry immigrated to California with Meghan Markle in 2020. Photo / Getty Images

If he was criminally ineligible, Harry would be recommended for a waiver of inadmissibility at an embassy interview. While no waiver is available for drug offences, exceptions are made for those in remission.

But Davies added that considering the financial benefits he would bring to America, Harry could be granted this waiver.

"There are no exceptions available for high-profile cases, but authorities can use their discretion to favour celebrities and 'fast-track' decisions," she said.

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"Where an average person may have to wait months for a waiver, Harry could potentially get it informally fast-tracked through contracts.

"We had a recent example of two Green Card holders: one, a celebrity, the other an average person, both attempting to re-enter after a lengthy period of absence, which is not permitted.

"The average person had arguably a much stronger case, but was denied, whereas the celebrity sailed through."

Harry's documented drug use was not recent, so he is not likely to undergo drug testing.

If he had one or more drug or alcohol arrests in the past five years, or two or more in the last 10 years, the embassy must refer him for a medical exam.

Davis said that generally speaking, failing to declare drug use causes big problems when trying to get a future visa - but acknowledged it's "extremely uncommon" for someone who hasn't actually been arrested for drug offences to declare their use.

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The Duke of Sussex may soon have to decide whether to declare his drug use officially, since O-1 visas have to be renewed every five years or less.

The key difference between Harry's drug admissions and those of someone like Nigella is that his statements were not made under oath, Davies said.

Those confessions don't immediately render him ineligible for a visa, but they still can.

Research institute The Heritage Foundation has requested a copy of Harry's documents from the Department of Homeland Security under the US Freedom of Information Act.

Immigration authorities have until April 12 to respond to the request.