The upcoming presidential election could affect Harry’s ability to stay in the US.

Prince Harry and Meghan Markle are being put in a precarious position thanks to an upcoming crucial date that is “hanging over” them, GB News’ Digital Royal Editor has claimed.

The Duke of Sussex’s US visa documents are at the centre of a court battle since he admitted to taking illegal drugs in the UK and America in his memoir Spare.

The Heritage Foundation, a conservative think tank, is taking legal action against the Department of Homeland Security in a bid to force officials to release Harry’s visa documents. The organisation wants to see if the royal admitted to using illegal drugs before gaining a US visa.

The representing lawyer argued the duke’s immigration records should not be publicly released because of the “stigma of being mentioned in a law enforcement record”.

Prince Harry and Meghan Markle in precarious position as key date ‘hanging over’ the Sussexes

However, with the looming US Presidential election, Harry’s visa could be up for scrutiny again.

GB News’ Digital Royal Editor Svar Nanan-Sen and GB News’ Royal Correspondent Cameron discussed the topic for this week’s episode of The Royal Record.

Cameron said: “He has spoken openly about drug taking in the past and a legal issue that’s hanging over him. In the United States, a conservative think tank has taken the US government to court over their decision not to release Prince Harry’s immigration record over his illegal drug use.

“Now, in the US, there is this blanket rule that if you admit to taking illegal substances, you could well be barred from entering the United States.

Prince Harry is under fire over his US visa application

“We don’t know what visa Prince Harry is on, but it is distracting for Prince Harry and his work. It’s a lot of noise.”

London-based US immigration lawyer Melissa Chavin stated that Harry may have received an “A-1 Head of State” visa.

Chavin described that specific type of visa as being “extremely special”.

The A-1 Head of State visa is different from the A-1 visa, which is for senior diplomats. Someone on this visa is free to come to the US without working as a member of the Royal Family or holding the position of head of state.

This is different to an A1 visa, where the holder is expected to come to the US to work as a senior diplomat.

The Biden administration has so far refused to make Prince Harry’s visa application public

If Donald Trump wins in November, Prince Harry’s court documents relating to his visa could be released 

President Biden’s administration has pleaded with courts to keep Harry’s visa documents under wraps, however, if Trump wins the upcoming election, the lid could be lifted on the duke’s documents.

Svar said: “There is obviously the looming possibility that Donald Trump could be the US president in November. We know that the Trumps aren’t aren’t fans of Meghan and Harry. Donald Trump’s son Eric once described the Sussexes as spoiled apples in an exclusive interview with GB News.

“So there’s a looming possibility that if Donald Trump is elected as the president, that he won’t fight in the same way the Biden administration has to keep those records from entering the public domain. He has an entirely different view on it.

“So that is something that’s hanging over Meghan and Harry, and I’m sure that is worrying them because they’ve built this life in the US now. They seem very settled and I’m sure they wouldn’t want anything to affect that.”

Under US law, foreign nationals who have admitted to taking drugs can be turned away at the border and refused a visa.

However, disclosure of previous drug use does not automatically mean immigrants will be banned but they are legally obliged to declare whether they have taken drugs on their visa application.