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Will Prince Harry lose his visa and be kicked out of U.S.? What may occur as authorized drama reaches climax

A judge is set to dramatically release potentially bombshell documents about Prince Harry’s U.S. visa.

Judge Carl Nichols will imminently make public three previously secret papers relating to the royal’s immigration status. 

They are expected to provide new insight into the process by which the Duke of Sussex was granted a visa despite admissions of drug taking.

Here is what you need to know about the case.

Why have questions been asked about Prince Harry’s U.S. visa? 

Five years ago the Duke moved to the U.S. with his American wife Meghan Markle.

Then, in 2023, he published his memoir ‘Spare’ in which he admitted to taking drugs including cocaine, marijuana, magic mushrooms, and the psychedelic drug ayahuasca.

When foreigners obtain U.S. visas they are asked on a form if they have abused drugs.

That led to questions about what he answered on the form.

Sources close to the royal have previously indicated he answered truthfully.

But critics have claimed that could mean he was given a waiver and ‘preferential treatment’ by the Biden administration.

Prince Harry’s visa files must be made public by Tuesday at the latest, a judge has ruled. Pictured: Prince Harry, the Duke of Sussex, looks out into the crowd during the New York Times annual DealBook summit at Jazz at Lincoln Center on December 4, 2024 in New York City

Prince Harry’s visa files must be made public by Tuesday at the latest, a judge has ruled. Pictured: Prince Harry, the Duke of Sussex, looks out into the crowd during the New York Times annual DealBook summit at Jazz at Lincoln Center on December 4, 2024 in New York City

What is the court case about?

A long-running civil court case has been going on at the U.S. District Court in Washington D.C.

It began after the Heritage Foundation, a Washington-based think tank, launched a bid under the Freedom of Information Act to uncover Harry’s immigration status.

After the request was refused, the think tank took the U.S. Department of Homeland Security (DHS) to court seeking documents.

Harry himself is not involved in the court case in any way.

After a long series of legal wrangles Judge Nichols ruled in September that there was not a public interest in releasing documents that had been provided to him by DHS.

However, last month, following appeals, he agreed to release redacted copies of three documents, while not releasing a fourth. 

The judge said there should be ‘maximum disclosure as long as it doesn’t violate (Harry’s) privacy.’

He then told DHS lawyers to redact what they needed to, and provide the court with the documents, which they have done.

Judge Carl Nichols set the deadline to release the files which will give the clearest indication yet as to whether the Duke of Sussex lied on his immigration paperwork. Pictured: Prince Harry, Duke of Sussex and Meghan, Duchess of Sussex attend a photo call on the announcement of their engagement in the Sunken Garden at Kensington Palace

Judge Carl Nichols set the deadline to release the files which will give the clearest indication yet as to whether the Duke of Sussex lied on his immigration paperwork. Pictured: Prince Harry, Duke of Sussex and Meghan, Duchess of Sussex attend a photo call on the announcement of their engagement in the Sunken Garden at Kensington Palace

Could Donald Trump deport Harry?

Last year, President Donald Trump appeared to suggest it was possible.

In an interview with GB News he was asked, by Nigel Farage, if Harry should enjoy ‘special privileges’ should it come to light he did not tell the truth.

Trump replied: ‘We’ll have to see if they know something about the drugs, and if he lied they’ll have to take appropriate action.’

Farage said: ‘Appropriate action? Which might mean…not staying in America?’

Trump said: ‘Oh I don’t know. You’ll have to tell me. You just have to tell me. You would have thought they would have known this a long time ago.’ 

However, in February, Trump told the New York Post: ‘I don’t want to do that. I’ll leave him alone. He’s got enough problems with his wife. She’s terrible.’

The case has caused embarrassment and consternation for Harry and raised questions about whether he could be deported if he was found to have lied. Pictured: Prince Harry clenches his fist as he leaves Eton College on June 12, 2003

The case has caused embarrassment and consternation for Harry and raised questions about whether he could be deported if he was found to have lied. Pictured: Prince Harry clenches his fist as he leaves Eton College on June 12, 2003

The original request sought to reveal whether Harry, who moved to the US after quitting being a working member of the British royal family, was getting ‘preferential treatment’. Pictured: The Duke of Sussex attends the 2024 Concordia Annual Summit on September 23, 2024 in New York City

The original request sought to reveal whether Harry, who moved to the US after quitting being a working member of the British royal family, was getting ‘preferential treatment’. Pictured: The Duke of Sussex attends the 2024 Concordia Annual Summit on September 23, 2024 in New York City

Could Prince Harry be on a special visa?

Immigration experts have suggested to DailyMail.com that the royal may be on an extremely rare A-1 Head of State visa.

That would mean he was not vetted by U.S. authorities for past use of drugs when he moved to the country.

An ‘A-1 Head of State’ visa is used by heads of state and royal family members. It is distinguishable from the A-1 visa, which is for senior diplomats.

Holders of an A-1 visa, such as an ambassador, are supposed to come to the U.S. to work on behalf of their home country. 

But an A-1 Head of State visa holder is free to come and go without working.

If he does possess such a visa, the Duke would be able to keep it as long as he remains in line for the throne. 

On each entry to the country he would be given ‘duration of status’ meaning he can stay in the U.S. indefinitely each visit. 

It is not yet known if the documents set to be released will confirm what type of visa he has.

Harry’s representatives have declined to comment on the case.