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Why Am I Having Problems With DHS?

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Old Jan 18, 2011 | 5:45 am
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Question Why Am I Having Problems With DHS?

Each time I fly to the USA (I'm a US citizen)- I am ALWAYS asked to step aside and wait "over there". This has happened for the past 3 years at each entry.

My name is not common at all and I don't have a criminal past (well, just some speeding tickets, and underage drinking in college). I've been working overseas for several years. Each time I am asked the SAME questions-

How long have you been working in Japan? Where have you lived previously? Do you have any other ID besides this passport? How long have you been a citizen? Are you aware of any warrants for your arrest? How much cash are you carrying?

Sometimes this takes an extra 30 minutes and sometimes 2 hours!! I have NO IDEA what the heck they are looking for. They never tell me why I'm flagged. They have whispered conversations and point to the computer screen a lot saying to each other 'look at this" "but look at this" "yeah but over here it says.."

My bags are never searched and they never get hostile or aggressive towards me. They also seem to know that I am being 100% honest with them.

What should I do? I am really afraid that I will be arrested or that I'll say something incriminating.

Now I always make sure that I have a loooong layover before my connecting flight. I fly to the US about 5 times a year.

Any advice?
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Old Jan 18, 2011 | 6:09 am
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Originally Posted by InTokyo
What should I do? I am really afraid that I will be arrested or that I'll say something incriminating.
File a FOIA request and see what's in your file.
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Old Jan 18, 2011 | 6:25 am
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Originally Posted by Caradoc
File a FOIA request and see what's in your file.
Honestly, why not ask?
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Old Jan 18, 2011 | 6:30 am
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Originally Posted by Caradoc
File a FOIA request and see what's in your file.
DHS will respond in about 6 months with something trivial, such a list of all the airline tickets you've purchased in the last 5 years.

Trying to contact the DHS is just banging your head against a wall. Maybe try contacting your congress person?
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Old Jan 18, 2011 | 6:31 am
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Originally Posted by scolbath
Honestly, why not ask?
With the FOIA request, there's no way to tie the person at the checkpoint to the person asking the awkward questions, and reduces the chances that some idiot's going to take "corrective" action against the tourist asking all the questions...
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Old Jan 18, 2011 | 9:47 am
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I suppose you could answer each question "I decline to answer that question, further to my rights under the Fifth Amendment to the United States Constitution. Am I free to go? If not, please explain why I am not being permitted to re-enter my country."

After two or three goes, ask for a supervisor and an LEO.

As for the reason why, chances are you have a similar name to someone who's wanted, or suspicious, or was rude to a TSA clerk seven years ago.
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Old Jan 18, 2011 | 10:36 am
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You should apply for Global Entry. You will have an in depth interrogation and investigation, but if approved (and since you've done nothing wrong, I see no reason why you would be disapproved) will rarely have to deal with CBP humans, just the kiosk.
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Old Jan 18, 2011 | 11:39 am
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Originally Posted by Caradoc
With the FOIA request, there's no way to tie the person at the checkpoint to the person asking the awkward questions, and reduces the chances that some idiot's going to take "corrective" action against the tourist asking all the questions...
The reason I suggested asking is that based on the anecdote, it sounds like there is something in his file that at first glance, looks bad to the DHS person, but once they dig in, it's an error and they let him pass. Tactfully engaging the DHS agent might get them to reveal the issue and provide a rapid avenue to clean it up.
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Old Jan 18, 2011 | 11:54 am
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Originally Posted by scolbath
The reason I suggested asking is that based on the anecdote, it sounds like there is something in his file that at first glance, looks bad to the DHS person, but once they dig in, it's an error and they let him pass. Tactfully engaging the DHS agent might get them to reveal the issue and provide a rapid avenue to clean it up.
I see.

Given my experiences at ATL and PHX, I tend not to engage anyone "on location," but follow up later.

They've got a lot of bored, vindictive idiots at ATL and PHX.
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Old Jan 18, 2011 | 12:06 pm
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If the OP's experience is anything like mine, there is a flag in his file. When queried no DHS would admit to this (I probably asked 20+ times). Their responses, in order of frequency, are 1) no such thing exists, 2) a snarl along the lines of "I'm asking the questions here" 3) it's "super secret" and we can't talk about.

It's obvious there was a flag because their whole demeanor changed as soon as they scanned the passport and looked at the computer. Then they started in with the same routine of "clever" questions and consulting with each other in codes. BTW, this wasn't usually--this was EVERY time.

My flag went away after a while. No idea why, it may have simply expired. It's possible some DHS agent did something to remove it. Several of them appeared sympathetic to my plight after realizing how pointless it was, but none of them ever indicated that he/she would or could do anything about it.
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Old Jan 18, 2011 | 2:10 pm
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Originally Posted by stifle
I suppose you could answer each question "I decline to answer that question, further to my rights under the Fifth Amendment to the United States Constitution. Am I free to go? If not, please explain why I am not being permitted to re-enter my country."

After two or three goes, ask for a supervisor and an LEO.

As for the reason why, chances are you have a similar name to someone who's wanted, or suspicious, or was rude to a TSA clerk seven years ago.
I could see a repeat of this:

http://www.flyertalk.com/forum/trave...questions.html

Originally Posted by mre5765
You should apply for Global Entry. You will have an in depth interrogation and investigation, but if approved (and since you've done nothing wrong, I see no reason why you would be disapproved) will rarely have to deal with CBP humans, just the kiosk.
+100

Since signing up for GE, I have never had to deal with any CBP agents. Easy to do mileage runs where I only stay somewhere for eight hours, or one night.
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Old Jan 18, 2011 | 7:48 pm
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GE sounds like a great idea!
I wonder if I can do it with a mailing address outside of the US?

Thanks for your input.
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Old Jan 18, 2011 | 10:52 pm
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Originally Posted by stifle

After two or three goes, ask for a supervisor and an LEO.
You do know that CBP are cops, right? Asking for a supervisor would be the proper thing.

Originally Posted by InTokyo
GE sounds like a great idea!
I wonder if I can do it with a mailing address outside of the US?

Thanks for your input.
You should have a P.O. Box as it is. You can do it with a residence outside the U.S., as far as I know.
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Old Jan 19, 2011 | 2:52 am
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Originally Posted by N1120A
You do know that CBP are cops, right? Asking for a supervisor would be the proper thing.
I didn't; I knew they were peace officers but that's a wider definition than police officer.
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Old Jan 19, 2011 | 12:56 pm
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Originally Posted by InTokyo
GE sounds like a great idea!
I wonder if I can do it with a mailing address outside of the US?

Thanks for your input.
Yes. You are a U.S. citizen, you have a right to apply.

You will need proof of residency (e.g. a phone bill) where you live, and since I imagine it is in Japanese, you will need a notarized translation of some kind.
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