The curious case of Prince Harry‘s US visa has been a running saga in Washington DC for nearly two years, sparking much speculation over the royal’s exact immigration status.
In March, the drama appeared to have come to an end with the mystery at its heart still unsolved. A court decided that it was a private matter.
A flurry of relevant documents were released, but they were drenched in black redaction ink and Sussex watchers were left none the wiser.
But now, in a stunning twist, new files have emerged, unearthed by officials in President Donald Trump‘s administration, that may shed fresh light, and point to a surprising conclusion.
According to at least one expert they suggest the Duke of Sussex could potentially be in possession of a very special visa indeed, one that has referred to as a ‘golden ticket’.
The Duke and Duchess of Sussex now live in California. He has had no involvement in a civil case in which a think tank is trying to obtain details of his visa under freedom of information laws
The convoluted case surrounding the Duke’s visa began in the wake of the publication of his explosive memoir ‘Spare’ in 2023, in which he admitted experimenting with cannabis, cocaine and psychedelic mushrooms.
Taking drugs can be grounds for the U.S. government to reject a visa application.
The Heritage Foundation, a Washington-based think tank, subsequently submitted a Freedom of Information Act request to the U.S. Department of Homeland Security (DHS) seeking out his immigration records.
It argued there was a public interest in releasing them to see if the Duke had been given preferential treatment by Joe Biden’s administration, in the form of a waiver over his drug admissions, when he moved to California with his American wife Meghan in 2020.
When the FOIA request was rejected the think tank took the DHS to court in a civil case. But the March ruling by Judge Carl Nichols saw that attempt smothered under black ink.
However, five months later, it transpires that another wing of the U.S. government – the Department of State headed by Marco Rubio – is in possession of over 1,000 more pages of documents that could be relevant.
Their existence was revealed in a brief two-page court filing by Jeanine Pirro, the former TV star ‘Judge Jeanine’ who is now President Donald Trump’s U.S. Attorney for the District of Columbia. The submission was part of a new civil case brought by the Heritage Foundation against the Department of State.
Pirro’s filing outlined how the Department of State has identified a large number of ‘potentially responsive records’ related to ‘Henry Charles Albert David, also known as “the Duke of Sussex” or “Prince Harry”.
According to the court document that includes 217 that are specifically from the Office of the Secretary (of State), which is currently Rubio.
Another 271 are from the Office of the Legal Advisor, the role of which is to ‘assist Department principals’ in ‘implementing the foreign policies of the United States’.
A small number of records were also held by the Office of the Deputy Secretary (of State).
The question of whether such offices might seem rather lofty to be involved in a visa application was not addressed in the court filing.
And any suggestion as to what visa the Duke actually has is merely speculation.
But an immigration expert told the Daily Mail it could all point to an A-1 ‘Head of State’ document, a rare type of diplomatic visa which is granted at the discretion of the Department of State, and given to members of foreign royal families.
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Judge Jeanine Pirro with President Donald Trump
Judge Jeanine Pirro speaks on an unrelated matter at the White House
It bestows the bearer with free rein to come and go from the U.S. at will, and to work in the country while remaining a foreign citizen.
The security check is lower than for a normal non-immigrant visa, and would not involve being quizzed about past drug use.
The Duke could have had such a visa his whole life, even as a child, and would be able to maintain it now as fifth in line to the throne, renewing it about every five years through the Department of State.
‘The Department of State vets and issues the A-1 visa with little input from the Department of Homeland Security,’ immigration lawyer Melissa Chavin told the Daily Mail.
‘I would expect that Prince Harry had an A-1 visa every year of his life. Take his age and divide by five to figure out how many applications he has filed (or were filed on his behalf when he was underage) – so about 8 applications. Each visa will have a duration of five years, good for multiple entries to the United States.
‘Each entry will be permitted for an indefinite period of time called “duration of status,” meaning for the time that he remains close to becoming the King of England. For him, that is all of his life.’
If he is on an A-1 visa the hundreds of Department of State records could include submissions from the U.K. Foreign, Commonwealth & Development Office certifying that he is in line to the throne.
Other records may include discussions between consular officers about the logistics of having his visa issued to him, and perhaps his military service records.
Marco Rubio’s office has documents relating to the Duke of Sussex’s visa, according to a court filing
The Duke had no involvement in the case between the Heritage Foundation and the DHS, nor in the new one involving the Department of State, and his representatives have never commented on his immigration status.
But sources close to him have previously indicated that he answered truthfully on his visa application.
However, it has never been confirmed which type of visa he was applying for, and an A-1 application would not have delved into potential drug use.
When applying for an ordinary non-diplomatic U.S. visa foreigners are asked on a form: ‘Are you or have you ever been a drug abuser or addict?’
They are also asked whether they have ever ‘violated any law relating to controlled substances’.
If they answer ‘yes’ they can still receive a waiver.
The Duchess of Sussex, who is an American citizen
The Duke and Duchess of Sussex moved to California in 2020
United States District Judge Carl Nichols who oversaw the visa case
In the March court hearing a DHS lawyer said there was no ‘government misconduct’ in the case, and all ‘applicable rules and regulations’ were observed in compliance with the Immigration and Nationality Act.
But there was no indication what type of visa was involved.
Holders of an A-1 diplomatic visa, such as an ambassador, are supposed to travel to the U.S. to work as a senior diplomat.
But an A-1 ‘Head of State’ visa holder would not need to be a working royal or representative of the British government.
According to the U.S. Code of Federal Regulations ‘members of a reigning royal family’ qualify.
There is also an exception for anyone ‘individually authorized’ by the Department of State to be given one.
The regulations say: ‘In any case in which there is uncertainty about the applicability of these regulations to a principal alien applicant requesting such non-immigrant status, the matter shall be immediately referred to the (State) Department for consideration as to whether acceptance of accreditation will be granted.’
Experts have suggested to the Daily Mail that the Royal Family would prefer the Duke to be on a diplomatic visa because it would mean he does not have to reveal aspects of the family’s finances to the U.S. Government.
If he were to obtain a green card, or become a U.S. citizen, he would be required to report his entire worldwide income to America’s Internal Revenue Service.
Documents relating to any joint finances involving the rest of the Royal Family would then have to be disclosed.
One expert told the Daily Mail a diplomatic visa would be a ‘golden ticket’ for all involved, and it would allow the Duke to ‘sit here (in the U.S.) forever’.
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The E. Barrett Prettyman courthouse in Washington D.C. where the latest filing was made
Meanwhile, lawyers for the Heritage Foundation have suggested it would be ‘absurd’ for the Duke to be on a diplomatic visa.
They have speculated he could be on an O-1 visa, which is for people of ‘extraordinary ability’.
It is a temporary non-immigrant visa which allows the holder to work and which lasts for three years, but can be extended.
Regardless of what visa the Duke has, President Trump in February ruled out deporting him, having previously hinted he might consider it.
‘I don’t want to do that,’ the president said. ‘I’ll leave him alone. He’s got enough problems with his wife. She’s terrible.’
