Prince Harry may not have entered the US in a “proper way”, a think tank claims.

Prince Harry is faced with a fresh headache regarding his stay in America after court fillings revealed the think tank that tried to force the US to release his immigration records argued that “there was no proper method” by which the duke “could have been admitted” to the country.

The Duke of Sussex’s visa arrangements have been at the centre of discussions in the past year after a conservative Washington DC think tank, the Heritage Foundation, requested his immigration records to be made public due to his revelations about past drug use in his memoir Spare.

Harry, who has been living in the US since 2020 after he quit the Royal Family, revealed in his book that he’s previously tried recreational drugs like cocaine, marijuana and magic mushrooms, however, the think tank questioned whether he had declared that on his visa application when he relocated.

But US judge Carl Nichols ruled in September that Harry’s visa application should not be made public, saying that “the public does not have a strong interest in disclosure of the duke’s immigration records”.

Now, according to Newsweek, which claimed to have seen filings by the think tank, which is now suing the Biden administration in order to release Harry’s visa records, the Heritage Foundation said that Harry would have been required to disclose any past drug use during the immigration process and argued that if he was honest about it then he could have been denied entry to the US.

Prince Harry is facing a fresh headache regarding his stay in the US (Image: Getty)

Under US law, while not constituting an automatic ban, drug use can be grounds to reject a visa application.

Most of Judge Nichols’s reasoning behind his ruling after privately reviewing confidential Department of Homeland Security (DHS) files remain sealed.

Lawyers of the think tank wrote in a filing: “[Heritage] submitted there was no proper method by which the Duke of Sussex could have been admitted.

“Thus, [Heritage’s] point is that if [DHS] ‘paroled’ the Duke of Sussex into the country in the same manner as illegal aliens pouring over the Nation’s Southern Border, that would be so illogical and illegal that [Heritage] did not even think it in issue.”

The outlet claimed it read a recent US government filing, which reportedly stated: “The evidence before the Court plainly sufficed to show that [Heritage’s] speculation of impropriety was unfounded.”

It is not known what visa Prince Harry is on.

Prince Harry relocated to the US in 2020 (Image: Getty)

Meanwhile, some lawyers argued that the prince could have obtained a waiver, while others suggested he could be on a diplomatic visa, which does not require such background checks.

Neama Rahmani, president of West Coast Trial Lawyers, told the outlet: “Prince Harry may be able to get a waiver by arguing his drug use is in remission. Someone is considered in remission after a year of sobriety. A waiver request requires a doctor to submit medical documentation.”

UK based immigration lawyers Chavin said: “When a foreign national seeking entry to the United States admits to using controlled substances, this can trigger criminal and mental health related grounds for inadmissibility. Prince Harry, however, is likely not subject to the standard security and background check measures because, we theorize, he is traveling on an A-1 Head of State visa.”