Can you get into the USA if you’ve ever taken drugs?

Prince Harry’s US visa application has been released – but details of his admissions of drug use are redacted (Picture: Getty)

Following the publication of heavily redacted court documents relating to Prince Harry’s United States visa application, people are asking questions.

The Duke and Duchess of Sussex moved to the US in 2020 after rescinding their responsibilities as working royals.

Meanwhile, London-born Harry made several explosive revelations about past drug use in his 2023 memoir, Spare, including taking cocaine as a teen, smoking marijuana, and trying magic mushrooms at a party in Courteney Cox’s home.

Historic drug use could typically disqualify a traveller from obtaining a US visa, leaving people to wonder whether Harry included this information on his application — or if the rich and famous get special treatment.

So, what’s the deal for the average Brit heading to the States on holiday? If you’re planning a city break in New York or a cowgirl trip to Texas, should you be worried about that hash brownie you ate as a Fresher?

Here’s everything you need to know.

The Duke and Duchess of Sussex moved to the US five years ago (Picture: Pool/Samir Hussein/WireImage)

Can you get a US visa if you’ve ever taken drugs?

According to the latest Crime Survey for England and Wales, an estimated 8.8% of people aged 16 to 59 years reported using any drug in the last 12 months up until March 2024.

That’s around 2.9million people, so we know drug use is far from uncommon.

Most UK citizens heading to the USA require an ESTA, an authorisation to travel from the US government, under their Visa Waiver Programme. It’s not a visa, but rather an electronic document that allows visa-free travel for tourism or business trips of up to 90 days. 

The ESTA asks questions including, ‘Are you a drug abuser or addict?’ and, ‘Have you ever violated any law related to possessing, using, or distributing illegal drugs?’

Legally, if you’ve taken drugs at any point, you are likely to be ineligible for an ESTA. Instead, you must apply for a non-immigrant visa, which can also be rejected following admissions of drug use.

However, the decision-making process isn’t so black and white. Immigration officers have the discretion to reach a conclusion based on several factors.

Can you get a US visa with a drug conviction?

Current drug use can prohibit you from entering America (Picture: Reuters)

It’s expected that most people who have participated in illegal drug use, either as youth or more recently, will tick the ‘no’ box when asked about it on any kind of USA entry form.

However, a conviction could deem you permanently ineligible to travel to the US on any visa.

There is room for mitigation, though, as you might be able to apply for a waiver on permanent ineligibility from the Department of Homeland Security, which allows someone who would not usually be allowed a visa, to apply for one.

Many factors play a part in this and whether it will be successful, such as the nature of the crime and when it was committed.

By law, any criminal convictions must be declared on your application, even if your arrest or conviction is considered spent.

Do you ever have to do a drug test to get a US visa?

You might have to undergo a drug test during your medical exam (Picture: Getty)

Under US visa law, a medical exam is mandatory for all immigrant visa applicants. Failure to provide information upon request could cause your application to be delayed or denied.

The screening applicants undergo is not a complete physical examination, nor should it be used to seek diagnoses. Instead, its purpose is to uncover certain medical conditions relevant to US immigration law.

As for what it entails, applicants must arrive with their passport or other photo ID before a doctor reviews their medical history.

There will be a physical exam, which includes an examination of the eyes, ears, nose, throat, extremities, heart, lungs, abdomen, lymph nodes, and skin.

You will also have a chest X-ray and must provide a urine sample to screen for gonorrhoea and a blood test. These are not generally required by those under 15.

Drugs-wise, should you have a history of drug abuse, you might be asked to take a test and/or prove completion of a treatment plan.

Similarly, if you have been treated or hospitalised for alcohol or drug abuse, you must present written certification of your diagnosis, prognosis, and treatment details.

If you are abusing prescription drugs, illegal drugs, or alcohol at the time of your application, your visa will be rejected.

Why were the details of Prince Harry’s visa application kept secret?

Harry wrote about experimenting with drugs in his 2023 memoir, Spare (Picture: Eugene Gologursky/Getty Images for The New York Times)

Prince Harry’s visa application details have remained private due to a judge’s ruling. In September, it was concluded that it wasn’t in the public interest to disclose further information about his ‘exact’ immigration status.

It was argued that Harry could be targeted with ‘harm in the form of harassment’ and ‘unwanted contact’ from the press.

We also do not know what kind of visa Harry, whose wife is a US citizen, entered the country on. While not applicable to him, since he’s now a resident, A-1 or A-2 visas are offered to those travelling to the US on behalf of a national government to engage solely in official activities.

Judge Carl Nichols only ordered the unsealing of Harry’s documents after the Heritage Foundation, a Washington-based conservative think tank, filed a FoI request.

The research institute has engaged in a lengthy legal battle to have Harry’s records made public, given how visa forms specifically ask about current and previous drug use.

After a redacted version was released this week, the Heritage Foundation has said the ‘fight continues’ to release further intelligence to ‘the American people’.

In particular, they wish to know whether Harry ‘lied’ on his application or received ‘preferential treatment’.

Are the rich and famous exempt from these rules?

Liam Payne encountered complications with his visa application before he died, having planned to move back to Miami with girlfriend Kate Cassidy (Picture: PA)

The application process for celebrities is slightly different from that of regular folk.

Among options is the O-1A visa, given to individuals with an extraordinary ability in the sciences, education, business, or athletics.

There is also the O-1B visa, which can be given to those with extraordinary achievements in cinema or television, and the EB-1A visa to those with extraordinary ability in the arts through sustained national or international acclaim.

Success in obtaining these visas allows holders to apply for a greencard, giving them the right to live and work permanently in the US.

Additionally, O-2 visas are for individuals who will accompany an O-1 artist or athlete to assist as an ‘integral part’ of activity relating to a specific event or performance.

These visa holders can legally live in the US for the duration of the O-1 visa holder’s stay. Extensions are possible should the O-1 holder’s stay be extended.

Meanwhile, an O-3 is for individuals who are spouses or children of O-1s and O-2s. In a similar sense, O-3 visas are dependent on the O-1 and O-2 visas and can only be extended if your spousal or parental visa holder also extends.

Kate Moss has been able to return to America despite past alleged substance abuse (Picture: Stephane Cardinale – Corbis/Corbis via Getty Images)

The O-1B is one of the most prestigious visas and is very difficult to obtain. They are valid for three years initially and then renewed in one-year increments.

Notable recipients include Lord Andrew Lloyd-Webber, Boy George, Liam Payne, and Justin Bieber.

As far as drugs are concerned, public figures must still be ‘admissible’ to the US on medical grounds, which means not currently abusing drugs or alcohol.

Should questions arise, the US Embassy may refer celebs for a medical exam to seek confirmation that they are not ineligible health-wise. If given the thumbs up by doctors, their application can still go ahead.

As an example, Kate Moss was allegedly photographed with a white powder in 2005. Four years later, she returned to the US.

Meanwhile, One Direction star Payne was in Argentina when he died last October after being forced to extend his trip when his application to stay in Miami was delayed.

Because of his admission of past substance abuse, he was required to undergo psychiatric and medical evaluations before the visa could be approved.

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