I recently applied/interviewed for Global Entry and just got denied. Apparently the cause for denial was that customs had found some (undeclared) cuban cigars in my luggage 15 years ago (when I was a young college student) and confiscated it.

Does anyone know if I have any likelihood of success if I appeal to the CBP Ombudsman? I have no criminal record, and have had no issues with customs since that incident 15 years ago.

If do appeal, is there any good explanation I could offer for having been carrying cuban cigars?

thank you

Anecdotally, appeals to the Ombudsman which do anything other than correct a factual error, e.g., it was your brother, not you, who smuggled in the cigars, tend to fail. But, there is no harm in trying. The worst that can happen is that the denial is upheld and you still don't have GE.

Unfortunately, because GE is all about a less rigorous entry process, people who have had Customs violations in the past tend to be pretty quickly denied under the theory that they filled out a Customs declaration stating under the federal equivalent of an oath that they were not carrying contraband, when they were.

If you do appeal, there is no such thing as a good reason for smuggling. It was an is a violation of law. Trying to justify what you did -- harmless as it may seem to you -- infuriates law enforcement officers who enforce those laws. Be factual, be apologetic, state that you learned a hard lesson and will never do it again (presuming that you are comfortable saying that).

I can't think of any 'good' explanation; what explanation could you possibly give other than that you were intentionally smuggling them into the US?

Since the appeal is free, the downside is only the time you spend on it. I would emphasize your relative youth at the time of the violation if you appeal. But your chances are very slim. Many things can change in 15 years; bureaucratic memory is not one of them. Asking CBP to approve an applicant with an apparent willful customs violation for a trusted traveler program is asking a lot, even if it was a youthful indiscretion.

Well, there's always claiming ignorance.

Could stress that I bought them for my own use. (Would that be better or worse?) Or as a gift "for my dad who loves cigars"

I suppose it would not be good to say that I bought them to resell.

Mistakes can happen. When I was an Army officer, I had a subordinant request a security clearance. It was denied. Upon checking, he had been "arrested" by the Savak in Iran (before the revolution) for having a painted sign, in Farci, on his car, saying "Death to the Shah!". He knew someone had spray painted his car, but thought there were just squiggy lines. This somehow got into his arrest record in the U.S. We finally got it worked out, but mistakes and strange things can happen in legal records.

- Cuban airport

BIENVENIDOS A CUBA


- Paper to sign at Cuban Airport

PURPOSE OF VISIT

A) Business/Pleasure []

B) Smuggle Cigars []

C) Assassinate Castro []

(Homer ticks all three.)

Claiming ignorance and the fact that your dad loves cigars is probably not worth the stamp to send in the appeal or the time it will take to say that.

A CBP Officer acting as the "Ombudsman" sees that and he chuckles to himself noting that the earlier Officer made the right decision as he denies your appeal.

Your chances are slim to nil as it is. Keep it simple, short and apologetic and you might hit the "slim". Do anything else and you hit the "nil".

I think CBP would generally be uninterested in minimization of the violation (i.e. "it wasn't that bad because . . ." is not what they want to hear). What the cigars were for 15 years ago isn't really their concern today. I would stress your youth at the time if you bother with the appeal. It is a long shot. A really long shot.

It kind of surprises me how often people get the idea to lie to CBP. I don't think the reason why you bought them is important, and keep in mind they may have made a note of the reason that you offered at the time.

No, they didn't ask for an explanation at the time.

The irony is I went in for the Global Entry interview together with my wife and kids, and they all got approved and received their cards already.

Is it better or worse for me to mention in my appeal that my wife an kids were already approved?

Better because it's a little strange that they would approve them when they're concerned about me?
Or worse, because they may just revoke my wife and kids when they realize?

Not that ironic; I presume none of them have ever been busted for not declaring contraband when entering the US.

While I can't say for sure, I think your odds of getting GE are extremely low; the key word in "trusted traveler programs" is "trusted" and with a customs violation like that, even though it's 15 years old, it's an obvious reason that CBP might be unwilling to trust you to properly declare items in the future.

(The fact that you had conditional approval under the circumstances seems weird to me, though, so you may still have a chance; I just wouldn't count on it. Doesn't hurt to appeal.)

That's one of the scariest things I've heard on this topic.
OK, that's even scarier. Child support arrears?

Perhaps they were some samples of counterfeit goods that you intended to sell for profit in the USA? :D

Seriously, I would think that the one valid reason for denying global entry would be a customs violation for smuggling something prohibited into the country. I don't know how an appeal would help unless you were underage and somehow your father told you what to buy but you weren't aware it was illegal. Even that is a huge stretch.

CBP knows all that stuff. Shorter is better. If you can say what you have to say in three declarative sentences, don't use four. You are advocating to CBP that it ought to trust you. Why is that? The answer to that question is all that you need.

Give them an ambiguous answer, e.g., "If our border security makes us safer, then I am all for it."

Are you not aware that your passport will be revoked if you have an outstanding child support obligation?

I had a client who went into a consulate to have pages added to his passport. They seized his passport and would only give him a one-way travel document back to the U.S. because he was in arrears on his child support obligation. He was paying, but he was about $6,000 behind.