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-   Checkpoints and Borders Policy Debate (https://www.flyertalk.com/forum/checkpoints-borders-policy-debate-687/)
-   -   Denied Global Entry (https://www.flyertalk.com/forum/checkpoints-borders-policy-debate/1458748-denied-global-entry.html)

Ari Sep 5, 2012 3:40 pm


Originally Posted by catocony (Post 19232758)
Why did you put your father on the phone with the Border Patrol or Customs guy?

Possibly because he was a scared college kid and didn't know what else to do.


Originally Posted by catocony (Post 19232758)
That's the only thing you did wrong that day, if your story is to be believed.

And that would be wrong because . . ? It seems to have resolved the situation.

nmstough Apr 15, 2013 6:33 pm

Denied Global Entry
 
I applied for Global Entry. Had my interview at the Boston airport last week when departing the US. The officer went into all sorts of background questions, starting off with "Have you ever been arrested?". I have a long arrest history so I started talking about some of these experiences. Then he was quizzing me about what I was charged with. I had only a vague memory of these because some of them were more than 10 years ago. All charges were eventually dismissed in court. Then he started going into my experiences with difficulties getting into Canada (I was deported once). Eventually after a lot of grilling, he says he will have to do more FBI checks and let me know and he lets me go saying I haven't told him everything he asked for and this may be a problem.

A week later I get a denial notice. The only explanation is that I was "less than forthcoming". My understanding is that I should be able to get approved if I haven't been convicted of anything. And I haven't. Maybe I have a long arrest record, but that's not the same. I cant see his file and I cant recall everything that he can see on his screen. This is grossly unfair.

It tells me I can make an appointment to speak to a supervisor but I don't live in the US so this isn't easy. I was counting on having the card to get entry on my next trip. I had to wait in line an hour the last time and this is awful!

cynicAAl Apr 15, 2013 8:10 pm


Originally Posted by nmstough (Post 20597513)
I have a long arrest history...


Originally Posted by nmstough (Post 20597513)
...Maybe I have a long arrest record

maybe ? you don't remember ? I've never been arrested, but I'm guessing I'd remember those details.

HomoEconomicus Apr 15, 2013 8:15 pm


Originally Posted by nmstough (Post 20597513)
Then he started going into my experiences with difficulties getting into Canada (I was deported once).

Deported for what (if you remember, that is)?

Yoshi212 Apr 15, 2013 8:23 pm

I have a sealed arrest record which I was honest about with during my Global Entry interview and got approved. It did not come up on their background check. It doesn't seem that just having a record, especially without convictions, would exclude you from the program and it probably had more to do with your possible aloof attitude towards your record.

nmstough Apr 15, 2013 8:56 pm


Originally Posted by HomoEconomicus (Post 20597880)
Deported for what (if you remember, that is)?

I had an outstanding warrant because I didn't pay a speeding ticket in the US. I had a bad attitude towards the Canadians when entering once - they asked me if I was happy to come to their country, and I said no, it was far inferior to the US. As a result they ran a full FBI background check and came up with the outstanding warrant. Because they argued this was an offense in their country, they wouldn't let me back in (despite the fact I was living there for the previous 3 years!) until I paid off the ticket.

nmstough Apr 15, 2013 9:01 pm


Originally Posted by Yoshi212 (Post 20597929)
I have a sealed arrest record which I was honest about with during my Global Entry interview and got approved. It did not come up on their background check. It doesn't seem that just having a record, especially without convictions, would exclude you from the program and it probably had more to do with your possible aloof attitude towards your record.

It seems that my arrests weren't sealed and they did appear. I wasn't trying to be aloof, but when I was asked what happened, I gave a brief answer. After 12 years, who would remember exactly what counts were filed against someone? The officer then started ticking them off. And I responded, OK, I guess so, but it was dismissed. Everything was dismissed.

My point is I didn't lie about anything. When youre asked a general question "Have you ever been arrested", how much detail should you be prepared to volunteer at the outset?

It all seems totally unfair. $100 for nothing.

cynicAAl Apr 15, 2013 9:09 pm


Originally Posted by nmstough (Post 20598112)

It all seems totally unfair. $100 for nothing.

the more I read, the more I'm thinking that you're not the model citizen that CBP wants to give expedited access to. But we do appreciate the $ 100 donation. Please come again...

Yoshi212 Apr 15, 2013 9:26 pm

The Judge that sealed my records told me that I was under no requirement to disclose anything in the record that was sealed unless an order was issued stating sealed records.
These were unsealed without my knowledge by the State Department when I applied for a job under their purview which was a bit of a shock but I tend to say that I have sealed records when asked and most don't want to know about them as they are sealed. Nothing bad just stupid college aged stuff that a judge didn't want my future to be centered around. Mighty nice of him. Wishing your record is sealed and having it sealed are two very different things. A cop asking me if I have a record is different than a Federal Agency of which I'm asking to be entrusted with a higher level of ease than the average citizen.

Attitude is a big part of the interview. My first GE interview didn't make it to personal questions. I was refused based on my answer to "How do you feel about security at our borders and airports?"
But I appealed and was given my GE in about 10 minutes during my second interview.

HomoEconomicus Apr 16, 2013 3:15 pm


Originally Posted by nmstough (Post 20598090)
I had an outstanding warrant because I didn't pay a speeding ticket in the US. I had a bad attitude towards the Canadians when entering once - they asked me if I was happy to come to their country, and I said no, it was far inferior to the US. As a result they ran a full FBI background check and came up with the outstanding warrant. Because they argued this was an offense in their country, they wouldn't let me back in (despite the fact I was living there for the previous 3 years!) until I paid off the ticket.

You weren't deported. Voluntarily withdrew your application to enter is more likely.


Originally Posted by nmstough (Post 20598112)
After 12 years, who would remember exactly what counts were filed against someone?

Quite honestly, I think most people would. I've received three speeding tickets in my life and I can tell you offhand the speeds I was going for each.

Always Flyin Apr 16, 2013 9:16 pm


Originally Posted by nmstough (Post 20597513)
I applied for Global Entry. Had my interview at the Boston airport last week when departing the US. The officer went into all sorts of background questions, starting off with "Have you ever been arrested?". I have a long arrest history so I started talking about some of these experiences. Then he was quizzing me about what I was charged with. I had only a vague memory of these because some of them were more than 10 years ago. All charges were eventually dismissed in court. Then he started going into my experiences with difficulties getting into Canada (I was deported once). Eventually after a lot of grilling, he says he will have to do more FBI checks and let me know and he lets me go saying I haven't told him everything he asked for and this may be a problem.

A week later I get a denial notice. The only explanation is that I was "less than forthcoming". My understanding is that I should be able to get approved if I haven't been convicted of anything. And I haven't. Maybe I have a long arrest record, but that's not the same. I cant see his file and I cant recall everything that he can see on his screen. This is grossly unfair.

It tells me I can make an appointment to speak to a supervisor but I don't live in the US so this isn't easy. I was counting on having the card to get entry on my next trip. I had to wait in line an hour the last time and this is awful!

Sorry, but you should have been denied for multiple reasons.

What I am surprised by is the fact that you apparently think you should have been approved.

GUWonder Apr 17, 2013 7:36 am

I would prefer if all US citizens were automatically granted GE facility on the basis of having a valid US passport, sans the personal interrogation prior to being accepted for the GE facility use.

Being excluded from using the GE facility on the basis of arrests that didn't lead to a conviction in a court is of questionable merit, no less so even when of the opinion that all free US persons with a US passport should be allowed GE facility use without being administratively punished and/or subjected to questioning prior to being enabled for GE facility use.

jphripjah Apr 17, 2013 7:57 am

It's sounds like you weren't necessarily denied for having an arrest record, you were denied for not being forthcoming about your arrest record. Most people remember being arrested. If they asked you to list your arrests, and your answer was "I don't remember," that would be problematic.

I also find it hard to believe that you have a "long arrest record" without ever being convicted. A lot of people plead guilty and then apply for jobs and say that they have never been convicted when in reality they were.

Often1 Apr 17, 2013 8:14 am

1. GE is a privilege not a right. Presuming that OP is a USN, he has a right to enter the USA. But, that doesn't mean that he's entitled to expedited handling which is essentially what GE is all about.

2. OP says that he was denied for being "less than forthcoming". Remember, the CBP Officer likely had OP's entire record in front of him. The Officer didn't need the details, he was just trying to see if OP accurately self-reported his record of arrests.

3. Given that OP presumably knew that his record, both for criminal arrests and deportation (or exclusion) would be an issue, it would have been smart for OP to have gone back over the details and been crystal clear about them. Not suggesting that just being honest gets you over the hurdle, but not being honest is an outright denial.

Treating encounters such as this (and apparently the same way with OP's flip comment to Canadian authorities), is not a good idea. They may appear casual, but they are not. The entire purpose of having an in-person GE interview is for CBP to assess the applicant. Otherwise, CBP could simply mail the card and one could have one's photo & prints taken anywhere and anytime.

cottonmather0 Apr 17, 2013 8:50 am


Originally Posted by Often1 (Post 20606078)
The entire purpose of having an in-person GE interview is for CBP to assess the applicant. Otherwise, CBP could simply mail the card and one could have one's photo & prints taken anywhere and anytime.

This is exactly right. What they're trying to assess is if you're honest and trustworthy. It's entirely about attitude and perceived risk.

Not saying I agree at all - I don't - but that's the system we have.

jaisuiscanadien Apr 17, 2013 12:55 pm

"I had a bad attitude towards the Canadians when entering once - they asked me if I was happy to come to their country, and I said no, it was far inferior to the US."

You lived here but you thought it was inferior...... good on the CBSA for sending your arrogant ... back to the USA ! If only they could give you a lifetime ban. Do you cop that attitude with immigration officers in every country you visit ? Do the world a favour and stay in the USA !

SeriouslyLost Apr 17, 2013 2:17 pm


Originally Posted by Often1 (Post 20606078)
3. Given that OP presumably knew that his record, both for criminal arrests and deportation (or exclusion) would be an issue, it would have been smart for OP to have gone back over the details and been crystal clear about them. Not suggesting that just being honest gets you over the hurdle, but not being honest is an outright denial.

Heck, I can see someone not being able to remember every instance if it stretched far enough back. But, a simple, "They go back to about X date and they were all dismissed; going in reverse order I can remember (stop me whenever you want, officer,) AA1, AA2, AA3, etc." should be sufficient.

They're not testing your memory. They're after your honesty in answering. Acknowledging the dates and asking how they want to go over them and then saying you'll do your best but might miss a few in the past is covering yourself for approval and (if denied) appeal. Being flippant is simply asking for a denial and skewering your chances of an appeal.

TomBrady Apr 17, 2013 2:33 pm

Honestly, I hope you are having a bad day today or something. But I dont really want you to have a GE card the way your acting on this board.

fly-yul Apr 17, 2013 3:02 pm


Originally Posted by nmstough (Post 20598090)
...(despite the fact I was living there for the previous 3 years!) until I paid off the ticket....

What was your status while living in Canada?

GUWonder Apr 17, 2013 4:31 pm


Originally Posted by Often1 (Post 20606078)
1. GE is a privilege not a right.

That approach is the problem.

GE facility use ought to be a default right to all free US persons with a valid US passport.

ricski64 Apr 17, 2013 4:39 pm


Originally Posted by jaisuiscanadien (Post 20607684)
"I had a bad attitude towards the Canadians when entering once - they asked me if I was happy to come to their country, and I said no, it was far inferior to the US."

You lived here but you thought it was inferior...... good on the CBSA for sending your arrogant ... back to the USA ! If only they could give you a lifetime ban. Do you cop that attitude with immigration officers in every country you visit ? Do the world a favour and stay in the USA !

Well y'kno, we all just got them flush toolets just last yar. :rolleyes:

TomBrady Apr 18, 2013 9:13 am


Originally Posted by GUWonder (Post 20608911)
That approach is the problem.

GE facility use ought to be a default right to all free US persons with a valid US passport.

GE is not a right nor should it be.

GE is a privilege, and it should be reserved for those who have the cleanest backgrounds with not hints of trouble.

drewguy Apr 18, 2013 9:25 am


Originally Posted by cynicAAl (Post 20597857)
maybe ? you don't remember ? I've never been arrested, but I'm guessing I'd remember those details.

I think the "maybe" refers to whether the arrest record could be considered "long" - That is, if I'm not sure what others might consider a long arrest record, so "maybe" it is long by the standards of some.

drewguy Apr 18, 2013 9:27 am


Originally Posted by GUWonder (Post 20608911)
That approach is the problem.

GE facility use ought to be a default right to all free US persons with a valid US passport.

Why even have customs checks for US citizens then? Global entry is not about illegal immigration, it's about smuggling prohibited items, and there are plenty of U.S. citizens who think it is fine to bring in fruit, meat, Cuban cigars, and even drugs. So long as doing so is illegal, there need to be customs checks for such items unless a given person shows that they don't deserve to be checked because they are trustworthy.

PresRDC Apr 18, 2013 9:57 am


Originally Posted by drewguy (Post 20612506)
Why even have customs checks for US citizens then? Global entry is not about illegal immigration, it's about smuggling prohibited items, and there are plenty of U.S. citizens who think it is fine to bring in fruit, meat, Cuban cigars, and even drugs. So long as doing so is illegal, there need to be customs checks for such items unless a given person shows that they don't deserve to be checked because they are trustworthy.

Indeed. I often bring food items back from overseas travel. Even though I know it will (slightly) slow down my departure from the airport, I always declare it. I've never not been able to keep the food items. I don't want to risk my GE for something so silly. Being trustworthy is the key to GE.

I wills ay that it is interesting that people here got such detailed interview questions. I wasn't asked anything about my application -- just got a tutorial on how to use the system.

GUWonder Apr 18, 2013 3:48 pm


Originally Posted by TomBrady (Post 20612410)
GE is not a right nor should it be.

GE is a privilege, and it should be reserved for those who have the cleanest backgrounds with not hints of trouble.

I think GE should be a right for all free US citizens with a valid US passport. Your opinion is different than my opinon. My opinion doesn't support the DHS "all animals are equal but some animals are more equal than others" hypocrisy that is but another instrument of administratively subjugating free persons. Does your opinion in support of DHS status quo do so? It seems to.

Customs enforcement is well possible without this "trusted traveler" Orwellian Animal Farm-like approach of the US Government/DHS.


Originally Posted by drewguy (Post 20612506)
Why even have customs checks for US citizens then? Global entry is not about illegal immigration, it's about smuggling prohibited items, and there are plenty of U.S. citizens who think it is fine to bring in fruit, meat, Cuban cigars, and even drugs. So long as doing so is illegal, there need to be customs checks for such items unless a given person shows that they don't deserve to be checked because they are trustworthy.

As if "trusted travelers" don't also violate laws. As if non-GE-enabled US citizens are any more eager to violate federal laws than GE-enabled US citizens. :rolleyes:

us2 Apr 19, 2013 2:27 am


Originally Posted by TomBrady (Post 20612410)
GE is not a right nor should it be.

GE is a privilege, and it should be reserved for those who have the cleanest backgrounds with not hints of trouble.

As a mutual fund prospectus might say: "Past performance is not necessarily predictive of future results." I'm sure Ken Lay and Bernie Madoff would have easily been approved for GE. Yet the person who ran into a rough patch in life a few years back with no hint of present difficulty is likely to get rejected.

The presumption should be in favor of granting GE. That doesn't make it a "right", but it should ensure that people with past issues will get a fair shot.

drewguy Apr 19, 2013 3:07 pm


Originally Posted by GUWonder (Post 20614605)

As if "trusted travelers" don't also violate laws. As if non-GE-enabled US citizens are any more eager to violate federal laws than GE-enabled US citizens. :rolleyes:

I'm sure some do. But I have confidence the number is a lot lower than for the average passport holder, but for intentional and unintentional illegal importation.

johnmm Apr 20, 2013 12:17 pm


Originally Posted by nmstough (Post 20598112)
It seems that my arrests weren't sealed and they did appear. I wasn't trying to be aloof, but when I was asked what happened, I gave a brief answer. After 12 years, who would remember exactly what counts were filed against someone? The officer then started ticking them off. And I responded, OK, I guess so, but it was dismissed. Everything was dismissed. My point is I didn't lie about anything. When youre asked a general question "Have you ever been arrested", how much detail should you be prepared to volunteer at the outset? It all seems totally unfair. $100 for nothing.

You were denied for being "less than forthcoming." What that tells me is that maybe you were convicted of something, or at least CBP believes that you were. If you say that you have a 'long arrest history,' then perhaps you might have had a conviction. To fight the decision, you should do an FBI background check as well as a DOJ livescan check for the state that you live in. This should give you an idea of what exactly is on your record. Then you would have to find out what was the exact disposition for each charge.

Spiff Apr 20, 2013 12:22 pm


Originally Posted by GUWonder (Post 20614605)
I think GE should be a right for all free US citizens with a valid US passport. Your opinion is different than my opinon. My opinion doesn't support the DHS "all animals are equal but some animals are more equal than others" hypocrisy that is but another instrument of administratively subjugating free persons. Does your opinion in support of DHS status quo do so? It seems to.

Customs enforcement is well possible without this "trusted traveler" Orwellian Animal Farm-like approach of the US Government/DHS.



As if "trusted travelers" don't also violate laws. As if non-GE-enabled US citizens are any more eager to violate federal laws than GE-enabled US citizens. :rolleyes:

Agree completely.

I believe in open borders. GE should be a minimum for every US citizen, but without any biometrics or interviews. Have valid passport? Wave and come on in. Or better yet, come on in.

halls120 Apr 21, 2013 6:27 pm


Originally Posted by Yoshi212 (Post 20598212)
Attitude is a big part of the interview. My first GE interview didn't make it to personal questions. I was refused based on my answer to "How do you feel about security at our borders and airports?"
But I appealed and was given my GE in about 10 minutes during my second interview.

Attitude is about 95% of the process. Piss off or cop an attitude with the CBP officer, and you aren't getting GE. It's that simple.

nmstough Apr 21, 2013 7:47 pm


Originally Posted by fly-yul (Post 20608370)
What was your status while living in Canada?

I was a temporary resident. Had been approved for permanent resident but needed to "land" in order to complete the process. Upon entry, admittedly I gave a rather flippant answer. It was after midnight and I was tired. But what should this have to do with being denied for US Global Entry?

nmstough Apr 21, 2013 7:48 pm


Originally Posted by Yoshi212 (Post 20598212)
The Judge that sealed my records told me that I was under no requirement to disclose anything in the record that was sealed unless an order was issued stating sealed records.
These were unsealed without my knowledge by the State Department when I applied for a job under their purview which was a bit of a shock but I tend to say that I have sealed records when asked and most don't want to know about them as they are sealed. Nothing bad just stupid college aged stuff that a judge didn't want my future to be centered around. Mighty nice of him. Wishing your record is sealed and having it sealed are two very different things. A cop asking me if I have a record is different than a Federal Agency of which I'm asking to be entrusted with a higher level of ease than the average citizen.

Attitude is a big part of the interview. My first GE interview didn't make it to personal questions. I was refused based on my answer to "How do you feel about security at our borders and airports?"
But I appealed and was given my GE in about 10 minutes during my second interview.


nmstough Apr 21, 2013 7:50 pm


Originally Posted by Yoshi212 (Post 20598212)
The Judge that sealed my records told me that I was under no requirement to disclose anything in the record that was sealed unless an order was issued stating sealed records.
These were unsealed without my knowledge by the State Department when I applied for a job under their purview which was a bit of a shock but I tend to say that I have sealed records when asked and most don't want to know about them as they are sealed. Nothing bad just stupid college aged stuff that a judge didn't want my future to be centered around. Mighty nice of him. Wishing your record is sealed and having it sealed are two very different things. A cop asking me if I have a record is different than a Federal Agency of which I'm asking to be entrusted with a higher level of ease than the average citizen.

Attitude is a big part of the interview. My first GE interview didn't make it to personal questions. I was refused based on my answer to "How do you feel about security at our borders and airports?"
But I appealed and was given my GE in about 10 minutes during my second interview.

How did you appeal? I got some kind of message that I could either make an appointment with a "supervisor" or else write to an ombudsman (no email address). Did you do one of those and how did you go about it?

nmstough Apr 21, 2013 7:54 pm


Originally Posted by SeriouslyLost (Post 20608089)
Heck, I can see someone not being able to remember every instance if it stretched far enough back. But, a simple, "They go back to about X date and they were all dismissed; going in reverse order I can remember (stop me whenever you want, officer,) AA1, AA2, AA3, etc." should be sufficient.

They're not testing your memory. They're after your honesty in answering. Acknowledging the dates and asking how they want to go over them and then saying you'll do your best but might miss a few in the past is covering yourself for approval and (if denied) appeal. Being flippant is simply asking for a denial and skewering your chances of an appeal.

But this is crazy. I wasn't prepared to go back through my entire record. These arrests were more than 10 years ago. I started to talk about them in general terms. Then the officer started quoting some specific counts against me - like "failure to wear passenger restraint". (I was riding my bike!) So I attempted to answer them. But did I know all the counts in advance? No. If they expected me to be this prepared they should have informed me in advance. When all these things were dismissed, I put them out of my head.

nmstough Apr 21, 2013 7:57 pm


Originally Posted by GUWonder (Post 20608911)
That approach is the problem.

GE facility use ought to be a default right to all free US persons with a valid US passport.

That's exactly right. Or at least inform people on the website and in advance that there will be questioning on arrest records (even when not convicted) and that the applicant should know about these and have documentation or whatever about them.

The larger issue is that the website makes it clear that people are eligible for this program unless they have convictions. It says nothing about arrest records or about being refused entry to a foreign government. It doesn't even convey warnings about this making it difficult. Its misrepresentation.

nmstough Apr 21, 2013 7:59 pm


Originally Posted by TomBrady (Post 20612410)
GE is not a right nor should it be.

GE is a privilege, and it should be reserved for those who have the cleanest backgrounds with not hints of trouble.

That might be your opinion, but that's not what is on their website. It says nothing about having a perfectly clean background with no arrest record. Why do you think a US citizen who happens to have been arrested but not convicted should bear some kind of stigma for the rest of their life?

nmstough Apr 21, 2013 8:01 pm


Originally Posted by johnmm (Post 20623656)
You were denied for being "less than forthcoming." What that tells me is that maybe you were convicted of something, or at least CBP believes that you were. If you say that you have a 'long arrest history,' then perhaps you might have had a conviction. To fight the decision, you should do an FBI background check as well as a DOJ livescan check for the state that you live in. This should give you an idea of what exactly is on your record. Then you would have to find out what was the exact disposition for each charge.

No, absolutely no conviction. Unless there is an error in the record somewhere, which I cant see and was not indicated as a reason for denial. In fact since this is a valid reason for denial, it should have been indicated if true. But the only reason given was being "less than forthcoming". I have done a FBI background check for permanent resident applications, and there are no convictions on the record.

Pesky Monkey Apr 21, 2013 8:04 pm


Originally Posted by nmstough (Post 20630046)
No, absolutely no conviction. Unless there is an error in the record somewhere, which I cant see and was not indicated as a reason for denial. In fact since this is a valid reason for denial, it should have been indicated if true. But the only reason given was being "less than forthcoming". I have done a FBI background check for permanent resident applications, and there are no convictions on the record.

It seems strange that they would even give you an interview if there was some disqualifying issue in your background check. It just sounds like the CBP guy was an a hole.

nmstough Apr 21, 2013 8:09 pm


Originally Posted by halls120 (Post 20629703)
Attitude is about 95% of the process. Piss off or cop an attitude with the CBP officer, and you aren't getting GE. It's that simple.

I was super nice to the officer during the interview. No attitude there or anything. I was just unprepared to provide detailed responses to a general question: "Have you ever been arrested"? I said "yes". Nothing more. After recognizing he wanted more details, I started to go into them in general terms - like I was riding my bike, decided not to stop when ordered to do so. But then he seemed to want me to tell him every single charge I was charged with. I don't remember these. He started listing them. So I said yes, OK, but dismissed.

Frankly this interview, or this interviewer was just setting up some kind of trap. Had the whole record in front of his computer screen and expects me to read it back to him.

A disgusting aspect of the USA border service. Now I understand why foreigners often hate the entry process.


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