Prince Harry might just find a way to become an American citizen without giving up his Royal status, according to a top US immigration lawyer.
Gita Gorji, based in New York, has pointed out a constitutional loophole that could allow the Duke of Sussex to keep his titles even if he decides to naturalise.
Ms Gorji highlighted Article I, Section 9, Clause 8 of the US Constitution, which states: “No title of Nobility shall be granted by the United States,” and goes on to say, “and no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.”
The legal expert explained that this clause was intended to ensure the US government remained a republic free from class distinctions.
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She told the Express: “With this clause, the drafters of the Constitution looked to fortify our country’s government as a republic and their notion of equality without classes.
“As you can see, there is nothing in the Constitution that specifically requires a naturalising citizen to renounce all foreign titles. If Prince Harry decided to take the long journey to become a US citizen, he could, theoretically, make the argument that the requirement he renounce his titles would actually be unconstitutional.”
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She further argued that if Prince Harry were to embark on the path to US citizenship, he could claim that being forced to give up his Royal titles would be unconstitutional, “unless he were to hold public office, the US Constitution only specifically forbids the US government from granting titles of nobility…” she said, adding: “It says nothing about titles conferred by foreign governments.”
“A perfect example of an American citizen with a foreign title of nobility is Prince Harry’s daughter, Lilibet Diana Mountbatten-Windsor,” Ms Gorji said.
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She added: “Lili was born in Santa Barbara, California, so she is a US citizen at birth.”
It is noted that both of Harry’s offspring, Lilibet and Archie, carry Royal titles while also believed to be US citizens.
The Duke and Duchess of Sussex relocated to the US in January 2020, as they stepped down from their roles as senior working members of the Royal Family. Their move to Montecito, California, was only thought to be temporary, and Harry even stated in an interview shortly afterwards that the UK was his “home”, adding: “The U.K. is my home and a place that I love. That will never change. We both do everything we can to fly the flag and carry out our roles for this country with pride.”
However, a filing from his eco-travel company Travalyst showed Harry’s primary residence is in America. The London-based company, which was founded in 2020, is 75% owned by the Duke, and in recent accounts filed by the firm, it stated that Harry’s residence was: “New country/State Usually Resident: United States.” The change was made public earlier this month, but his residence was actually altered on June 29 last year, when it was announced Harry and Meghan had officially left their royal residence Frogmore Cottage.