Another controversy has arisen concerning Harry Windsor, minor British aristocrat. He is well know for marrying a minor and unaccomplished black actress and moving to the United States. The question at that time was what was his legal status. My sources within the Department of Homeland Security (DHS) told me Windsor had an A-1 diplomatic Non-Immigrant Visa (NIV) (visiting Royals, for the use of) when he moved to the United States to live. That is illegal. Windsor’s entry occurred in 2020, under the Trump Administration and I advised deporting the Duke for immigration fraud and illegal political activity in the United States unbecoming an accredited foreign official.
Since Windsor was not acting in an official capacity, especially after having been demoted from Prince and no longer performing official duties, he was not only ineligible for the A-1 NIV, but also excludable as an intending immigrant without an immigrant visa (IV) in violation of Title 8 United States Code (USC) 1182, Excludable Aliens.
7) Documentation requirements
(i) In general
Except as otherwise specifically provided in this chapter, any immigrant at the time of application for admission-
(I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this chapter, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 1181(a) of this title,
It appears that someone in the Windsor entourage read my work on the immigration issue and Meghan Markle filed a petition to clear up the issue, either while overseas requiring an immigrant visa to enter the United States again or through adjustment of status (AOS) while in the United States.
Now, given the visa fraud if Windsor did enter the United States on a fraudulently issued or fraudulently used A-1 NIV, Windsor should have had his application for an immigrant visa or AOS denied and then he should have been deported if he was in the United States at the time.
It could have been that he had the A-1 NIV issued long before he married Markle and decided to move to the United States, but it would still been illegal to use it to move to the United States to live as all aliens entering on a NIV declare their intent to an Customs and Border Protection Officer during inspection of arriving aliens.
But a second issue has arisen since Windsor apparently obtained a green card: It was his long history of illegal drug use, including drug use while in the United States.
A new lawsuit is demanding that the Department of Homeland Security release Prince Harry’s immigration records, citing suspicions that the Biden administration allowed him to enter the U.S. despite his admission of illegal drug use—a factor that would usually be enough to deny other people entry.
The suit was filed Monday by the Heritage Foundation, which argues that DHS has failed to comply with previous requests for documents related to the agency’s decision to let Prince Harry stay in the country.
The Freedom of Information Act requests were made following the release of Prince Harry’s bestselling memoir, “Spare,” in which he admitted to using cocaine, psychedelics and marijuana.
When filling out a visa application, those drug abuses are supposed to be documented in detail, and would normally trigger a special review if not rejection of the application. However, the group is suspicious that Prince Harry was either not honest on his visa application, or that the Biden administration gave him preferential treatment.
[DHS Sued For Prince Harry’s Immigration Records To See If He Lied About Drug Use, by Brianna Herlihy, Fox News, May 2, 2023]
Illegal drug use is a serious issue for both immigrant visa and non-immigrant visa applicants, as it results in an automatic denial without a waiver of the grounds for exclusion for drug use.
Persons who (1) have a conviction for, or who (2) admit to having committed acts that constitute the essential elements of, a violation of any law or regulation of a state, the US or a foreign country relating to a controlled substance, are inadmissible. A UK “caution” is considered to be an admission under the second part of this rule. The petty offense exception does not waive petty drug offenses. Youth may help however.
An immigrant visa waiver is available only for a conviction or admission to possession of a single offense of a simple possession of less than 30 g of marijuana under INA sec 212(h). A non-immigrant visa waiver is available for controlled substance ineligibilities.
Drug Use and Admission to the U.S., Chavin Immigration Law Office
While a waiver for drug use is available, it is not for hard-core drug users, as only minor marijuana use may be waived, not repeated or hard drug use.
It appears, though, that Windsor fraudulently obtained a waiver, lied about the type and extent of his drug use, or lied completely about any drug use.
It could also be likely that the drug use was illegally ignored by a U.S. Citizenship and Immigration Services (USCIS) employee adjudicating the petition. A common scenario in such cases where an alien should be denied a petition is that an adjudicating officer is ordered by a supervisor to ignore an issue and approve it anyway. It is a common problem going back to the old days of the legacy Immigration and Naturalization Service (INS).
While the practice of ignoring the law by USCIS officers adjudicating petitions for benefits may be common, it is also illegal and the adjudicating officer can and should be investigated by the Department of Homeland Security Office of Inspector General (DHS OIG), which is charged with investigating fraud, waste, abuse, and misconduct in DHS agencies and programs.
DHS OIG can be contacted here to refer the case for investigation of possible misconduct by a USCIS officer. USCIS can also be contacted here to report Windsor for visa fraud separate from any possible misconduct by a USCIS officer.