If you were convicted of or admit to committing a drug offense, this subjects you to a permanent bar from the United States. This means you will not be eligible to receive a U.S. visa or admission to the U.S. on crime-related and perhaps health-related grounds. There are, however, exceptions to the rule.
That said, is Prince Harry’s U.S. visa subject to revocation due to his public admission to illicit drug use? He does this in his memoir book Spare and in several media interviews. While this might be no big deal for the Duke of Sussex, such public admissions would typically carry high U.S. immigration risks.
In episode 14 of The Legal Immigrant, you will learn 4 tips to consider in dealing with the U.S. immigration consequences of a controlled substance violation:
1.Heritage Foundation sues DHS to obtain copy of Prince Harry, Duke of Sussex’s U.S. immigration records
2. Possible visa options for Prince Harry, Duke of Sussex
3. Tip #1 – Verify whether this is a conviction for or admission to committing the essential elements of a specific drug offense
- Definition of a “conviction” for a drug offense under U.S. immigration law 6:09 Definition of an “admission” to a drug offense under U.S. immigration law
- Definition of a “controlled substance” under U.S. federal law
- Lying about a material fact on a visa application may lead to a finding of fraud or willful misrepresentation to obtain U.S. immigration benefits, which is a permanent bar under INA 212(a)(6)(C)(i)
4. Tip #2 – Consider the applicant’s age at the time of the drug offense
5. Tip #3 – Be aware of the separate, health-related inadmissibility bar related to drug use, under INA 212(a)(1)(A)(iv)
6. Tip #4 – Confirm eligibility for a waiver if you are found inadmissible due to a controlled substance violation or due to your being identified as a drug abuser or addict
- Section 212(d)(3) nonimmigrant waiver for nonimmigrants who are found inadmissible due to drug offenses or due to being identified as a current drug abuser or addict
- Factors considered in 212(d)(3) nonimmigrant waiver requests
- Section 212(h) of the INA provides a waiver for immigrants who are found inadmissible for drug offenses in only one situation: that is, a single conviction or legal admission to committing one controlled substance offense that involves possession of marijuana, 30 grams or less
- Eligibility requirements in Form I-601/INA 212(h) immigrant waiver requests 16:48 No immigrant waiver if you are if you are identified as a current drug abuser or addict and found inadmissible on health-related grounds under INA 212(a)(1)(A)(iv). You may, however, overcome this inadmissibility if the drug abuse or addiction is found to be in remission.
To listen, click HERE for Episode 14 on The Legal Immigrant podcast or find it on Apple Podcasts or Google Podcasts.
To watch the YouTube video, click HERE. To read the transcript, click HERE.
The Legal Immigrant provides general information only from Dyan Williams Law. U.S. immigration laws, policies and regulations may change, following the publication of this content. Do not consider it as legal advice. Each case is different. Even cases that seem similar can have different outcomes.
To receive guidance on the U.S. immigration consequences of a record of controlled substance offenses, you may submit an email to info@dyanwilliamslaw.com or online message at www.dyanwilliamslaw.com.
To visit the United States, a visa-exempt Canadian citizen needed a Form I-212 approval because he was previously issued a removal order by an Immigration Judge and thus became subject to a 10-year bar to reentry under INA section 212(a)(9)(A)(ii). He also required a 212(d)(3) nonimmigrant waiver due to a 20-year-old conviction, for which he was found inadmissible under INA sections 212(a)(2)(A) (i)(II)(controlled substance violation) and 212(a)(2)(C)(i)(illicit trafficker in controlled substance).
