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RED FLAG ON GREEN CARD: Why Prince Harry may never get US citizenship

Prince Harry said that he regularly smoked cannabis and misused alcohol as a teenager in his memoir titled 'Spare'
UPDATED APR 7, 2023
Prince Harry had experimented with several drugs, including cocaine, marijuana, magic mushrooms, and ayahuasca, all of which are either controlled or banned in the US (Mathis Wienand/Getty Images)
Prince Harry had experimented with several drugs, including cocaine, marijuana, magic mushrooms, and ayahuasca, all of which are either controlled or banned in the US (Mathis Wienand/Getty Images)

LOS ANGELES, CALIFORNIA: Prince Harry has put himself in an intricate situation following his admission of consuming a variety of drugs, and now, the chances of him holding a Green Card and getting US citizenship seem highly slim. The Duke of Sussex previously revealed that he had experimented with several drugs including, cocaine, marijuana, magic mushrooms, and ayahuasca, all of which are either controlled or banned in the country.

The Prince's admissions have raised questions over how the 38-year-old was granted his current visa -- likely a temporary, non-immigrant one called an O-1 for extraordinary ability as candidates are always questioned on their narcotics history. However, it also led to the speculation that he may not be allowed to remain in the US for the long term under strict anti-drug rules.

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What did solicitor Kaitlin Davies say?

"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," solicitor Kaitlin Davies from Davies Legal, which specializes in immigration, said according to The Sun. The admissions in his book 'Spare' or during TV interviews would not be considered "formal" as they were not made under oath. But it can be changed by questioning him at 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," the solicitor said.

NEW YORK, NEW YORK - DECEMBER 06  Meghan, Duchess of Sussex and Prince Harry, Duke of Sussex attend the 2022 Robert F. Kennedy Human Rights Ripple of Hope Gala at New York Hilton on December 06, 2022 in New York City. (Photo by Mike Coppola/Getty Images for 2022 Robert F. Kennedy Human Rights Ripple of Hope Gala)
Meghan Markle and Prince Harry attend the 2022 Robert F Kennedy Human Rights Ripple of Hope Gala at the New York Hilton on December 06, 2022, in New York City (Mike Coppola/Getty Images)

Prince Harry's confessions in his book

The Duke, who is currently based in California with his wife Meghan Markle, admitted in his highly controversial memoir 'Spare' that he regularly smoked cannabis and misused alcohol as a teenager. When he was 17, he tried coke for the first time while on a hunting weekend before snorting "a few more lines" on several other occasions.

Harry admitted to using Class A ayahuasca from the Amazon rainforest in a TV interview. He said that it helped him cope with the trauma of his mother Princess Diana’s 1997 death. Besides, he also detailed his hallucinogenic experiences under the effects of magic mushrooms which included talking to a bin. 

Prince Harry's memoir Spare is offered for sale at a Barnes & Noble retail store on January 10, 2023 in Chicago, Illinois. The book went on sale in the United States today.
CHICAGO, ILLINOIS - JANUARY 10: Prince Harry's memoir Spare is offered for sale at a Barnes & Noble retail store on January 10, 2023, in Chicago, Illinois (Scott Olson/Getty Images)

The O-1 application process

The candidates have to declare any criminal history including substance abuse during the O-1 application process. This includes answering 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?" on a DS-160 form.

It is not yet known if Harry hid this information, although sources close to him say that he did. Harry may be considered medically or criminally ineligible if he did so in writing, and then was to do so formally at the interview. If he denied use, an officer might conclude that he was lying based on claims in his memoir, so he would struggle to obtain any US visa.

Prince Harry, Duke of Sussex follows the coffin of Queen Elizabeth II as it leaves Westminster Abbey during the state funeral of Queen Elizabeth II on September 19, 2022 in London, England. Elizabeth Alexandra Mary Windsor was born in Bruton Street, Mayfair, London on 21 April 1926. She married Prince Philip in 1947 and ascended the throne of the United Kingdom and Commonwealth on 6 February 1952 after the death of her Father, King George VI. Queen Elizabeth II died at Balmoral Castle in Scotland on September 8, 2022, and is succeeded by her eldest son, King Charles III.
Prince Harry, Duke of Sussex follows the coffin of Queen Elizabeth II as it leaves Westminster Abbey during the state funeral of Queen Elizabeth II on September 19, 2022, in London, England (James Manning- WPA Pool/Getty Images)

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

It is unlikely that Harry has to undergo conventional drug testing as his documented drug experiences were not recent. However, the embassy must refer him for a medical examination if they find he had one or more drug or alcohol arrests in the last five years, or two or more in the last 10 years. "Although in reality, it is extremely uncommon for anyone who has not been arrested for drug offenses to declare use or violation," Davies said. 

Prince Harry, Duke of Sussex, speaks at the United Nations General Assembly on Nelson Mandela International Day at U.N. headquarters on July 18, 2022 in New York City. Nelson Mandela International Day was officially declared by the United Nations in November of 2009 and was first celebrated on July 18, 2010. The 2020 U.N. Nelson Mandela Prize is being awarded to Mrs. Marianna Vardinogiannis of Greece and Dr. Morissanda Kouyaté of Guinea.
Prince Harry speaks at the United Nations General Assembly on Nelson Mandela International Day at UN headquarters on July 18, 2022, in New York City (David Dee Delgado/Getty Images)

Celebrities prohibited from entering the US due to substance abuse

TV chef Nigella Lawson was banned from boarding a flight from Heathrow to Los Angeles four months after she confessed to experimenting with narcotics in 2014. Late singer-songwriter 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.

Amy Winehouse performs on the Pyramid Stage at Worthy Farm, Pilton near Glastonbury, on June 22 2007 in Somerset, England. The festival, that was started by dairy farmer Michael Eavis in 1970, has grown into the largest music festival in Europe. This year's festival is the biggest yet and will have headline acts including The Who, The Artic Monkeys and The Killers.
Amy Winehouse performs on the Pyramid Stage at Worthy Farm, Pilton near Glastonbury, on June 22 2007 in Somerset, England (Matt Cardy/Getty Images)
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