Prince Harry's visa papers have been the subject of a now two-year court battle about his past use of drugs—but in reality there may be more private information than that at stake in the case.

New documents released this week referenced the fact a disclosure of the Duke of Sussex's visa status could expose him to harassment or manipulation.

The case, brought by the Heritage Foundation, has always been about whether he lied on his application form about taking drugs or alternatively told the truth and was given favorable treatment.

However, a secondary question has always hung over proceedings, namely, what visa Harry is actually on and therefore whether he will have been asked about drugs at all.

And there could be potential reputational risks for Harry whichever of the main scenarios turns out to be correct.

Prince Harry's Possible Visa Options

Charlotte Slocombe, a partner at global immigration lawyers Fragomen, told Newsweek the two most likely possibilities were an A-1 visa, for diplomats, heads of state and royals, or an O-1 visa, for people with extraordinary ability.

"I would suspect he's more likely on the O because that would give him more freedom," she said. "The O is for the exceptional or outstanding and it's very likely he would be eligible for that category given his background and the work he does.

"You can renew it indefinitely but it doesn't have the same tax implications as say the green card. When you have a green card you then need to file U.S. tax returns so for high net worth individuals they often don't want a green card.

"So, it doesn't always make sense. High net worth individuals tend to go for the O and what that means in this context, you have the ability to get a waiver of inadmissibility."

The Heritage Foundation, the right-wing think tank behind the lawsuit, has argued a waiver is unlikely because it would have taken Harry too long.

Slocombe, though, said the process can be sped up for celebrities.

"It can take about six months," she said. "With high net worth individuals or people who have a national interest need or there's a real business case to speed up that processing that can sometimes be a lot quicker. With celebrities that can be a lot quicker."

Another vote in the O visa column is that Harry may in fact have had longer to apply than people realize as he did an after-dinner speaking engagement for JP Morgan in Miami in February 2020, a month before moving to America.

It is therefore hypothetically possible he initially sought the visa for that event at a time when he was still planning to live in Canada.

The O-1 application process would require him to fill in a form that asked about past drug use.

Pros and Cons of an A-1 Visa

One idea that is starting to pick up steam in the British media is that Harry could in fact be on an A-1 visa, which would not require him to make any declaration about past drug use.

Diplomats and government officials get the A-1 but are only eligible while working for their governments, which Harry is not.

Heads of state can also get the A-1 and are not required to be working for their government, however, Harry is not, on the most simple of analysis, a head of state.

"There are a number of factors that could weigh in favor of this," Slocombe told Newsweek , "such as his position as Counsellor of State, as well as others that weigh against, such as not using the HRH designation."

Clayton Cartwright, managing member of The Cartwright Law Firm, told U.K. broadsheet The Times : "Prince Harry, if he is on an A-1 Head of State visa, will remain US tax nonresident regardless of his presence in the United States.

"It keeps private to Great Britain not just the foreign assets Prince Harry owns, but also other assets of the royal family on which he is listed. It is good diplomatic practice."

A-1s are also given under the class "Immediate Relative of Head of State," which would have required Harry to be part of Queen Elizabeth II 's household at the time he applied in 2020.

Interestingly, he technically might have been because Harry and Meghan Markle had recently moved their private office from Kensington Palace to Buckingham Palace, the queen's household.

Green Card

A less likely option is that he got a green card, which would require him to pay tax in America.

"If he does have a green card," Slocombe said, "and he did admit to this [drug taking] then a waiver wouldn't be possible because the only waiver that would be possible in a green card context would be less than 50g of marijuana. So it suggests he is probably not on a green card or he hasn't disclosed."

However, she stressed that the bar for what counts as admitting to taking drugs is far higher than many believe, and Harry's book Spare would not normally meet the threshold for an admission.

"This has happened to other celebrities," she said. "Admission itself in the public domain is not enough to give rise to the admission criteria that would make you inadmissible."

The benefit of a green card would be that it makes it easier to go on to become a naturalized U.S. citizen, which would be difficult having been admitted via an O or an A, Slocombe said.

Prospects of Harassment

One interesting element to the discussion in court was the Department of Homeland Security assertion that: "To release his exact status could subject him to reasonably foreseeable harm in the form of harassment as well as unwanted contact by the media and others."

This is part of a blanket policy that those seeking to enter America could be vulnerable to "members of the public who might have a reason to manipulate or harass individuals depending on their status in the United States."

And this may be a particularly relevant point for Harry who is routinely used as a punching bag by the British press and, increasingly in recent years, American commentators too, particularly conservatives.

So, for example, knowing when his visa was due to be renewed could afford an opportunity for his critics to campaign for it to be revoked in the same way that critics have campaigned for Harry and Meghan Markle to be stripped of their Duke and Duchess of Sussex titles.

And if he was on an A-1 visa there might be similar allegations that Harry was still benefiting from his royal status despite his broadsides against the monarchy.

"Laws can change, for sure, over time," Slocombe said, "and they can become more strict. And U.S. immigration is discretionary in nature. Adjudicators can become more strict in their adjudication. Immigration isn't simple."

With both the A-1 and the O-1, there is also the possibility of a debate around the fact Harry had swerved the need to pay U.S. tax, which might impact his reputation even if he has technically done nothing wrong legally.

Chances Prince Harry Will Lose his Visa

Slocombe said she would not advise making admissions about drugs but argued Harry would likely survive the lawsuit with his visa intact.

"I think it wouldn't be sensible to put anything in the public domain about drug taking etc.," she said.

"I think the other piece to this as well is that the difference between federal and state law is confusing to people and they think they can take drugs in states where its legal when, in fact, from an immigration perspective, federally it's not.

"People have got themselves in a mess, this is not the first case. So, no, I don't think it's particularly wise to have done this. I think ultimately he'll be fine, green cards are something else, and if he wanted to go down the green card naturalization route then there are some challenges there, but there are other visa categories available to him."

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