Prince Harry may hold a rare United States visa reserved for heads of state and royal family members, a lawyer has suggested – amid questions over how the Duke of Sussex’s past admission of drug use sits in relation to America’s tight immigration rules.
The royal – who lives in California with wife Meghan Markle and their two children – is currently the subject of a legal battle brought by the right-wing Heritage Group to demand that the US Department of Homeland Security release his immigration file.
Former US president Donald Trump and ambassador to the UK, Jane Hartley, are among those who have recently commented on the speculation ignited by Harry’s discussion of his past use of illicit drugs in his January 2023 autobiography Spare.
A judge is currently reviewing Harry’s visa application in private as part of the Heritage Foundation’s bid to make it public, and was reportedly told by US government lawyers during a Washington hearing in February that it was “certainly plausible” that the royal could be on an A-1 diplomatic visa.
While such visas are typically dependent upon carrying out official work on behalf of another state while in America, a US immigration expert noted this week that Harry could in fact be on possession of a separate A-1 Head of State visa – which contains no such requirements.
London-based US immigration lawyer Melissa Chavin said the Duke could have been on an ‘A-1 Head of State’ visa, which is used by heads of state and royal family members, since he is fifth in line to the throne.
“It’s just extremely special,” said London-based US immigration lawyer Melissa Chavin . “And the security check is not the same. It’s a lower security check.
“It’s 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 vetted for espionage, terrorism and activities contrary to US foreign policy.”
An A-1 Head of State visa holder is able to come to the US without working as a royal family member, and is allowed to remain in the US indefinitely during each visit.
If Harry does possess such a visa, he would be able to keep it for so long as he remains in line for the British throne, Ms Chavin said.
According to the US Embassy in London’s website, applicants for a regular A-1 diplomatic visa “must be traveling to the United States on behalf of your national government to engage solely in official activities for that government”.
However, a ‘head of state or government’ will qualify for an A-1 visa “regardless of the purpose of the visit to the United States”, the Embassy states.
The Independent has approached representatives for the Duke of Sussex for comment.
Last month, updated Companies House records showed that the duke had changed his primary country of residence from Britain to the US.
