Lawyer Tells Us One Strong Defense Harry Could Use In Visa Case

When Harry, Duke of Sussex, published his scandalous, tell-all memoir "Spare," he likely already had a feeling the book might kick him out of his family's good graces. Getting kicked out of a whole country, on the other hand? Well, that consequence might've been a bit more unexpected. Nevertheless, it seems that Prince Harry's wild past might call his U.S. visa into question if the Heritage Foundation gets its way. 

Harry admitted to partaking in illegal drugs, including marijuana, psychedelic mushrooms, and cocaine, in his memoir. The Heritage Foundation is currently in a legal battle with the Department of Homeland Security to publicize Harry's visa status and paperwork. If Harry were to have denied using drugs in his visa application despite admitting to it in "Spare," the Heritage Foundation argues that Harry's visa status should be revoked.

The List spoke exclusively with Neama Rahmani, a former federal prosecutor and president of West Coast Trial Lawyers, to put Harry's potential legal troubles — and the doctor's note he could use as a strong defense — into layman's terms.

Per U.S. Citizen and Immigration Services guidelines, individuals who abuse or are addicted to controlled substances are ineligible for any visa. Conservative think tank The Heritage Foundation has been pushing the Department of Homeland Security to disclose Prince Harry's visa paperwork to the public to prove one of two things: Option A., Harry lied on his application about his past drug use or B., the DHS gave Harry special treatment despite his admission. 

Out of the many startling revelations from his memoir "Spare," Prince Harry's admitted drug use was perhaps one of the most expected. Anyone following popular media in the early aughts was well aware that the Duke of Sussex had a propensity to party, captured succinctly in the form of nude photographs of his Las Vegas escapades that have since come back to haunt him in the early 2020s. But is it actually enough to revoke his visa status after it has been granted?

Trial lawyer Neama Rahmani doesn't think so. "Admitted drug use is usually enough to keep an immigrant out of the country. But absent an arrest or conviction, the Department of Homeland Security doesn't aggressively enforce this provision and revoke visas for people already in the United States," he explains.

Since the Heritage Foundation first began its legal battle with the Department of Homeland Security, the DHS has adamantly refused to disclose Harry, Duke of Sussex's visa paperwork. On March 7, 2024, the Heritage Foundation got a win when Judge Carl Nichols determined Harry's application needed to be reviewed. The court ordered the DHS to provide a declaration of the withheld documents by March 21, after which Judge Nichols will assess whether Harry's application should be exempted, per Newsweek.

Although legal expert Neama Rahmani thinks it uncommon for the DHS to revoke Harry's visa status, he says he would have a feasible backup plan if they did. "Prince Harry may be able to get a waiver by arguing his drug use is in remission. Someone is considered in remission after a year of sobriety. A waiver request requires a doctor to submit medical documentation."

We already suspected he wouldn't become a U.S. citizen anytime soon — but not because he couldn't. As Harry told "Good Morning America" in February 2024, he doesn't really want to. "The American citizenship is a thought that has crossed my mind, but certainly is not something that is a high priority for me right now," the duke told "GMA." Still, if the Heritage Foundation gets its way, that not-so-high priority might not even be an option.