Prince Harry’s U.S. immigration records must be made public by Tuesday, following a ruling by a federal judge. Judge Carl Nichols ordered the Department of Homeland Security (DHS) to release a redacted version of the Duke of Sussex’s visa application as part of an ongoing Freedom of Information request.
The request was brought by the conservative think tank the Heritage Foundation, which argues that Harry may have concealed past drug use — something that could have disqualified him from obtaining a visa. The judge’s decision signals a shift from his previous stance in September 2024, when he ruled that the public did not have a strong interest in the disclosure of the records.
While visa applications ask about drug use, the reality of how immigration law applies is more complex. Below, former USCIS officer Erik Finch weighs in on whether or not Prince Harry could be deported.
Three Ways Drug Use Can Impact a U.S. Visa
There are three main areas where drug use — excluding trafficking — can make someone ineligible for a visa:
- Health-Related Ineligibility (INA 212(a)(1))
- U.S. immigration law can bar applicants for “drug abuse or addiction,” but this is narrowly defined.
- A casual or one-time user typically would not be deemed ineligible.
- Consular officers refer cases to a medical examiner, but this process usually applies to applicants with multiple DUIs or signs of substance abuse.
- Criminal Activity (INA 212(a)(2))
- Visa applicants with criminal records can be denied under this section, but a conviction is usually required.
- Harry’s memoir does not mention any criminal penalties for his past drug use.
- U.S. immigration officials cannot rely on an informal admission in a book to bar entry—formal legal admissions must happen in a consular setting, with the applicant under oath.
- Fraud or Misrepresentation (INA 212(a)(6))
- If someone lies on a visa application about drug use, they could be barred for misrepresentation.
- However, it’s unclear what Harry was asked in his visa interview, and without proof of deception, this would be difficult to apply.
Could Harry Be Denied or Lose His Visa?
Since there’s no conviction and no formal admission in a legal setting, he is unlikely to face immigration consequences.
Even if he were found ineligible, he could apply for a waiver, which is often granted in cases where:
- The offense is in the past and not serious.
- The applicant has a compelling reason for U.S. travel.
- The behavior is not a continuing pattern.
- There is evidence of rehabilitation.
If a waiver were required, it could delay visa renewal but would likely be approved.
The Bottom Line
Prince Harry’s visa is probably not at risk. The media attention is more about royal gossip than actual immigration concerns. His case illustrates the complexity of U.S. visa rules — and why public speculation often misses the mark.