Earlier this week, it was reported that Ant McPartlin – one half of TV’s “Ant and Dec” had been arrested on suspicion of drink-driving, following a road traffic collision in London. It follows a year in which he was allegedly treated for addiction to prescription painkillers and comes only 20 days before Ant was due to travel to the US to film the live series finale of ITV’s “Saturday Night Takeaway” from Universal Orlando Resort, Florida.

Similarly, in unconnected news, on February 25, 2018, Kate Moss was photographed leaving the new US Embassy building in Vauxhall, clutching a US medical questionnaire. The sighting follows photographs published in newspapers in 2005, purporting to show Kate Moss snorting a white powder. So how do media reports affect a celebrity’s ability to travel to the US? In this article, we will consider the impact the media allegations above may have on the ability of Ant McPartlin and Kate Moss to enter the US.

Ant McPartlin: How Will His Recent Reported Arrest And Prior Admission Of Prescription Drug Addiction Affect His Ability To Enter The US?

In order to enter the US on ESTA for purposes of pleasure or business, one must be prima facie “admissible” to the US. That is to say one must, inter alia, not be inadmissible to the US on health grounds, due to drug use, alcohol or drug addiction or any other health issues of public significance.

If Ant McPartlin has been arrested, he may be ineligible to travel to the US on ESTA and, as such, may require a visa to enter the US for tourism purposes. Similarly, if, as reports suggest, alcohol played a role in the road traffic collision and Ant McPartlin is subsequently charged with drink-driving, there is a possibility the US Embassy may refer him for a medical examination in order to seek confirmation that he is not inadmissible to the US on health grounds due to any alcohol or drug use, particularly as he has previously admitted to addiction to prescription painkillers.

Indeed, under 9 FAM 302.2-7(B)(3), Consular Officers must refer non-immigrant visa applicants for a medical examination with a US Embassy approved physician if the applicant has either:

  1. A single alcohol-related arrest or conviction within the last 5 years;
  2. Two or more alcohol-related arrests or convictions within the last 10 years; or
  3. If there is any other evidence to suggest an alcohol problem.

There is, therefore, a real possibility Ant McPartlin may be referred for a medical examination by a US Consular Officer, in the event he files an application for a non-immigrant visa. The medical examination is likely to encompass completion of a detailed questionnaire, a physical examination, blood tests, urine tests, a chest X-ray and an interview.

The timing of the arrest is unfortunate, as regular viewers of Saturday Night Takeaway will know that, throughout the series, Ant and Dec have been giving away tickets to travel to the Universal Orlando Resort in Florida on a specially chartered plane for a 7 day vacation, coinciding with the grand live finale of the fifth series. The final episode of “Saturday Night Takeaway” – presented by Ant and Dec – was scheduled to be broadcast live from the Florida resort in April 2018. In light of his recent arrest, Ant may not be granted entry to the US and, in any event, may require a new work visa to travel to the US, which is unlikely to be processed in sufficient time for him to present the live finale of “Saturday Night Takeaway” on April 7, 2018. At the time of writing, the future of the series finale of Saturday Night Takeaway is unknown.

Kate Moss: How Does Her Alleged Previous Drug Use Affect Her Admissibility to the US?

On February 25, 2018, Kate Moss was photographed leaving the US Embassy, with a US visa medical questionnaire.

While the circumstances surrounding her apparent US visa application are unknown, it is possible Kate Moss attended a non-immigrant visa interview and was referred for a medical examination by the Consular Officer, due to her alleged previous drug use. In 2005,  Kate Moss was reportedly photographed with a white powder, in the midst of her relationship with Pete Doherty, frontman of The Libertines, a high-profile drug user.

As above, if Kate Moss was referred for a medical examination, the examination is likely to involve completion of a questionnaire (the very questionnaire she was photographed holding), a physical examination, blood tests, urine tests, a chest X-ray and an interview. The purpose of the medical examination would be to confirm that Kate Moss is not a drug user, is not a drug addict and therefore is not ineligible to travel to the US on health-related grounds.

Generally, after the medical examination, the results are couriered to the US Embassy and a decision is made upon the US visa application.

It is important to note that, while prior drug use or a previous drug or alcohol addiction may pose additional difficulties for US non-immigrant visa applicants, the additional difficulties may be overcome with a carefully drafted, well-judged application, thorough preparation and sound legal advice. Kate Moss notably returned to the US in 2009 – a mere four years after the news story broke – to attend the opening of the new Topshop store in New York City. If you have a history of drug or alcohol addiction or drug use, we would advise you to contact us in order to seek advice on your circumstances and obtain a complimentary assessment of eligibility.

Davies Legal Immigration

At Davies Legal Immigration, we provide advice and representation in connection with all US visa categories, including applications involving a waiver of inadmissibility. We offer a comprehensive service at a competitive fixed fee and are committed to providing the highest standards of client care. Moreover, with Davies Legal Immigration you can be sure that your case will only ever be handled by licensed US immigration attorneys. Call now to discuss your case with a licensed US immigration attorney and obtain a free, no obligation quote.

Published: 26th March 2018