Flagged Visa

Old Jan 12, 18, 8:05 am
  #1  
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Flagged Visa

Hello all,

My apologise if this has been brought up before, But hopefully someone would be able to steer me right.

Sept last year I was in the states and had a argument in a hotel room with my girlfriend, Someone reported to the hotel reception and they called the police, to which i was arrested (Much to my amazement) and subsequently after 3 months the case was dismissed, I was never convicted of any crime. I have all relevant paperwork to show the dismissal.

My issue, I work as a commercial airline pilot, I fly to the states at least 4/5 times per month, each time I have to go into secondary inspections, It's making my life extremely difficult to the point where I'm about to quit my job. Is there any way/tips on how i can get this flag removed.

I have written to Redress and I got a reply which was pretty vague, They can neither deny or confirm if I am on any watchlist.

Also I have applied for Global entry, i passed all screenings so far, just need to do the interview which is scheduled for this month. ( could this help?)

I am a UK citizen, I am no threat to the united states, I fly 350 people to the states each flight.

One petty argument has pretty much ruined my whole career.

Any advice would be very much appreciated.
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Old Jan 12, 18, 8:28 am
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If the case was dismissed, that means you were charged. CBP is not bound by the criminal standards and takes domestic violence very seriously. A charge, being a lot different than an arrest, may follow you for a while.

While logic suggests that if you require secondary, you should not have GE, that is not always the case.

I would do nothing until after your GE interview, see what occurs there. If you are approved, see what happens when you use your GE to enter the US.

As an aside, you should have with you for your GE interview an attested (certified) copy of the order dismissing the case or the docket entries which show the dismissal. Do not offer the document, but if you are asked, you have it to supply. It is often the case that databases which reflect this information show your arrest and charging, but not the dismissal. One of the primary holdups to final approval of GE is that there are charged cases which do not show a final dismissal.

Last edited by Often1; Jan 12, 18 at 9:33 am
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Old Jan 12, 18, 8:46 am
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Often1
thank you very much for the reply.

i have requested my CORI and my attorney will update the FBI records, but this could take up to 16 weeks.

so from your experience, when you say it could follow me for a long time. You suggesting I could be required to go into secondary each time I enter the states for the rest of my career? 30+ years

regards

W
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Old Jan 12, 18, 10:39 am
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Forget that. Those database updates may take 16 weeks or they may never happen. While it would be nice for this to get fixed quickly, they are less important in the context of GE.

You need original paperwork from the court which is attested (certified) (has a court seal). If it is asked for, that is what you will need to pull out of a file.
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Old Jan 13, 18, 1:11 pm
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Thanks again

do you think GE could potentially fix the secondary issue should I be successful?
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Old Jan 13, 18, 3:30 pm
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Originally Posted by wallop View Post
Thanks again

do you think GE could potentially fix the secondary issue should I be successful?
Anything is possible. I would just deal with one thing at a time.
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Old Jan 14, 18, 1:33 pm
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If you've got this far thru the GE process I'd say wait for the final outcome.

I think you'll get your GE card because if this was an issue they'd have blow you off by now.

Last edited by KDS777; Jan 17, 18 at 8:13 am
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Old Jan 31, 18, 9:37 am
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Hi guys

had my Global entry interview on Monday and was approved. Was asked if I had ever broke any laws etc, I told the truth showed my dismissal form and was accepted.
he even told me he has removed the flag from my visa since the case was dismissed.. although Iím dubious that this has been done..

Good luck and thanks for all your help
wallop
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Old Jan 31, 18, 9:52 am
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Thanks for the followup. Let us know what happens on future entrances to the US.
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Old Feb 3, 18, 11:37 am
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Hopefully you aren't hassled anymore and no longer with this girlfriend who got you arrested.
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Old Feb 4, 18, 11:40 am
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Well got the dreaded X went to secondary and the officer said it will never stop! Even having GE. So Iím stuff and my career is stuffed...
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Old Feb 4, 18, 11:45 am
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Originally Posted by wallop View Post
Well got the dreaded X went to secondary and the officer said it will never stop! Even having GE. So Iím stuff and my career is stuffed...
Doesnít sound fun. Can you fly somewhere other than the US?
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Old Feb 4, 18, 11:52 am
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95% of my flights are to the states. I cannot believe everytime I come here I will be subjected to secondary . I went back into the enrolment Center today and told the man it happened again.. he said he will clear it but that’s the same as what the last guy said.

I take it this system of having GE for 6 months then the Flag is removed is only for US citizens?

Last edited by TWA884; Feb 4, 18 at 2:30 pm Reason: Merge consecutive posts by the same member; please use the multi-quote function
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Old Feb 4, 18, 2:54 pm
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I don't know that there is a "system" or that it is for USN's only.

All I can say is that your employer will have a CBP liaison who may be able to help here. But, that means briefing your employer and if you have not told your employer, perhaps you do not want to.

If this second promise from the CBP Officer does not work, given that this issue affects your career, I would retain an attorney skilled in dealing with CBP to determine whether there is anything to be done.

As I think I noted, the US is particularly sensitive to domestic violence issues and that does not help, even though the criminal case itself was not pursued.
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Old Feb 5, 18, 3:41 am
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Could you help me find an attorney that could help me deal with it? Iím really unfamiliar with the US legal system
regards
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