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Global Entry Denial and Recourse

Global Entry Denial and Recourse

Old Feb 3, 2014, 10:16 pm
  #136  
 
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Originally Posted by alexmt
I'm going to just throw out there that it sounds like you had a homophobic interviewer who denied you for being gay because he could and no one could ever prove that's why.
Shrug ... I considered that at first, but the ombudsman's office would have caught such a blatant attempt at bigotry. There must be something somewhere -- mistaken identity, or perhaps a formula that disfavors "single" males who move around a lot?
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Old Feb 4, 2014, 1:13 am
  #137  
 
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Originally Posted by Eric Westby
Shrug ... I considered that at first, but the ombudsman's office would have caught such a blatant attempt at bigotry. There must be something somewhere -- mistaken identity, or perhaps a formula that disfavors "single" males who move around a lot?
Why do you think the Ombudsman's office would have caught that? As far as I can tell, they're simply for show, the officer's word is final unless you sue.
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Old Feb 4, 2014, 6:17 am
  #138  
 
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Originally Posted by alexmt
Why do you think the Ombudsman's office would have caught that? As far as I can tell, they're simply for show, the officer's word is final unless you sue.
I suppose I'm not quite as cynical as that. If I'd been denied Pre-Check as well I'd have gone the FOIA route again -- I tried twice last summer, but both times I was foiled by bureaucratic hurdles that were frankly unanticipatable. (Is that even a word?)

I'm just starting a new job that may include international travel, so I might try for GE again in a year. But as I mentioned above, OneStop is a wonderful substitute in the two airports where it exists.

MODERATOR: Could you possibly move this thread into the "Trusted Travelers" subfolder if you agree that's where it belongs now? I don't believe it existed when I created the thread a year ago.

Last edited by RandomBaritone; Feb 4, 2014 at 6:23 am
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Old Feb 4, 2014, 7:31 pm
  #139  
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Originally Posted by Eric Westby
Shrug ... I considered that at first, but the ombudsman's office would have caught such a blatant attempt at bigotry. There must be something somewhere -- mistaken identity, or perhaps a formula that disfavors "single" males who move around a lot?
Cant be the bolded part as i know a lot of single males who travel alone and have GE
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Old Feb 4, 2014, 8:29 pm
  #140  
 
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Originally Posted by CDKing
Cant be the bolded part as i know a lot of single males who travel alone and have GE
Sorry I wasn't clear: I meant that we'd moved residences a lot, not that we travel internationally a lot. There was one five-year period during which we moved five times. I'd heard anecdotally that CBP awards GE based on stability, so perhaps they mistakenly equate moving a lot with being potentially untrustworthy?

I wish they'd just used our credit scores and been done with it!
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Old Apr 23, 2014, 2:01 am
  #141  
 
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Global Entry Denial Recourse

I've read through many of the other threads on this issue. But, I have a specific question I wonder if anyone has first hand knowledge of.

I was denied Global Entry because they showed I had three DWI arrests.

Fact is, I had two, both cases dismissed without conviction.

Apparently if the Feds show three arrests (for whatever reasons) it's instant denial no if, ands, or buts.

However, there has to be some double counting someplace. The CBP agent told me to figure it out and get back to him. But this was 20 years ago and my calls to the district courts came up with only the two arrest records and dismissals.

How do I fix a glitch in the Feds database when it's something that doesn't exist?

With expungement or vacation fix this, or at lease get the "three" down to the factual two arrests?

Get a good lawyer?
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Old Apr 23, 2014, 1:07 pm
  #142  
 
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My experience (and I am a lawyer) is that usually the s**t flows upward when it comes to bad records. Usually the problem comes from and is easiest fixed at the state level. Most states now have an online criminal record system. Buy your online criminal record and see if the error appears there.

If it doesn't, pay for finger prints and buy your FBI and state records and see what comes back. Work first and foremost with your state to get the records straight their and they will feed it to the feds.

If that doesn't work the feds do have a dispute resolution process. Start here:

http://www.fbi.gov/about-us/cjis/cri...istory-summary

Last edited by Dubai Stu; Apr 27, 2014 at 9:06 pm
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Old Apr 23, 2014, 2:57 pm
  #143  
 
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Thanks Stu. I have all the court records available to me. Courts tell me to go to the highway patrol, highway patrol tells me to go the municipal police, and the police tell me to take it up with the courts.

I'm going to see if I can talk with someone in another state office, if I can just find the right office.

And then apparently have to demand that they update the FBI records because I've heard they won't do it unless asked/told to.
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Old Nov 13, 2014, 10:31 am
  #144  
 
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Global Entry Question

If you apply and have been denied, is there a timeframe where you can re apply & original denial has fallen off the record?

It seems if you've been denied once, you're out of luck for the rest of your traveling days. If so, I guess there is no such thing as "redemption" in the CBP world, even for a mistake/ misunderstanding/ minor infraction. Just doesn't make sense to me.
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Old Nov 13, 2014, 1:43 pm
  #145  
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There is no all-encompassing answer and you have not provided any facts. At least anecdotally, it seems that most denials for past minor infractions are not because of the infractions but because they are not properly acknolwedged in the application or at the interview.

If you post better facts, you will get better advice.
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Old Nov 15, 2014, 9:10 am
  #146  
 
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Actually, was trying to keep it broad to cover as many situations as possible for others but I see your point. Here you go, all the gory details. :-)

In 2009 I was randomly selected for bag check when're-entering the USA from a UK trip. Unfortunatly, I had forgotten I had in my bag the makings for a BLT and a "Slim Jim" from Walgreens (bought in the US as I have diabetes & carry protein in case my sugar levels drop).

I had planned on making a quick sandwich in the hotel the night before my uber early flight home. As it turned out, a colleague invited me to dinner, leaving a leaf of lettuce, four cherry tomatoes & two pieces of British bacon forgotten.

CBP wrote it up (which I couldn't believe, since the stuff was obviously not fit for consumption & I said please just throw it away). I was fined $300 for making the mistake of forgetting the garbage was in my bag. The only way I could have fought it was by going to Maryland (which is not geographically feasible) & appeal in a CBP hearing. Called CBP office in D.C., the officer I spoke with said the $300 fine would show any CBP officer that it was a very minor infraction and it would be expunged from my record within three years.

I have found out through applying for GE, that this was not the case. Considering I have had Government Security Clearance for working on defense programs this is just outrageous. Am checking now to see if this is affecting my record in areas other than travel since this is a Federal database. Any imput on this would be helpful.
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Old Nov 15, 2014, 11:28 am
  #147  
 
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Originally Posted by notagin
Actually, was trying to keep it broad to cover as many situations as possible for others but I see your point. Here you go, all the gory details. :-)

In 2009 I was randomly selected for bag check when're-entering the USA from a UK trip. Unfortunatly, I had forgotten I had in my bag the makings for a BLT and a "Slim Jim" from Walgreens (bought in the US as I have diabetes & carry protein in case my sugar levels drop).

I had planned on making a quick sandwich in the hotel the night before my uber early flight home. As it turned out, a colleague invited me to dinner, leaving a leaf of lettuce, four cherry tomatoes & two pieces of British bacon forgotten.

CBP wrote it up (which I couldn't believe, since the stuff was obviously not fit for consumption & I said please just throw it away). I was fined $300 for making the mistake of forgetting the garbage was in my bag. The only way I could have fought it was by going to Maryland (which is not geographically feasible) & appeal in a CBP hearing. Called CBP office in D.C., the officer I spoke with said the $300 fine would show any CBP officer that it was a very minor infraction and it would be expunged from my record within three years.

I have found out through applying for GE, that this was not the case. Considering I have had Government Security Clearance for working on defense programs this is just outrageous. Am checking now to see if this is affecting my record in areas other than travel since this is a Federal database. Any imput on this would be helpful.
As you were caught with food (both plant and meat) without declaring it and were fined, you can pretty much forget about GE.

From the Global Entry webpage:

Reasons for Ineligibility

Applicants may not qualify for participation in the Global Entry program if they:

Provide false or incomplete information on the application;
Have been convicted of any criminal offense or have pending criminal charges or outstanding warrants;
Have been found in violation of any customs, immigration or agriculture regulations or laws in any country;
Are subjects of an ongoing investigation by any federal, state or local law enforcement agency;
Are inadmissible to the United States under immigration regulation, including applicants with approved waivers of inadmissibility or parole documentation;
Cannot satisfy CBP of their low-risk status (e.g. CBP has intelligence that indicates that the applicant is not low risk; CBP cannot determine an applicant's criminal, residence or employment history)
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Old Nov 15, 2014, 11:53 am
  #148  
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Yep, they seem pretty rigid on this. Recently I was chatting in the Saratoga gate area in with a guy about how cool GE is, and how I love it. He told me he was denied because he'd brought cigars from Cuba many many years ago and was caught. It's on his record, and he was told he could kiss goodbye to any hope of GE.

But your situation sounds a bit different... Maybe it's worth following up with the 'chaps.' Go in person; take evidence of your medical condition with you; be prepared to plead, beg and grovel... At all costs, my advice is not to be indignant with them...

Best wishes.
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Old Nov 15, 2014, 12:51 pm
  #149  
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Don't take this as a personal attack, it's just the reality of the situation:

1. Like it or not, you made a false declaration back in 2009 and it related to the contents of your luggage. That's exactly what GE is all about, e.g. letting people go with zero to minimal physical inspection.

2. Bringing undeclared food into the US, is a big deal. Lettuce leaf included. You could likely have a couple of Cuban cigars and CBP would just toss them and leave you alone. But, not food which carries bugs and the like. The $300 is pretty stiff.

There are millions of diabetics who travel and who carry backup nutrition. And, most food items are allowed into the US, but not raw lettuce. If you had answered the declaration truthfully, CBP would have nabbed your lettuce leaf and left you the other stuff, whether it originated in the US or not.

At this point having been denied, your best bet is to appeal to the Ombudsman. Lay out the facts. Do not minimize your conduct and a word to the wise, lose the chip on the shoulder. It's your fault and blaming others hurts you badly. You forgot. Plain and simple. It's human.

There is close to zero chance of a new shot, but the Ombudsman process costs you nothing. Thus, no downside to the attempt.
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Old Nov 15, 2014, 3:10 pm
  #150  
 
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I don't have chip on my shoulder, you're the one who asked for particulars and I gave them. Personally, I don't think it's very "just" to hold someone in "contempt" for a mistake made, in some cases years before.

In my case, I did answer "honestly" with the knowledge I had at the time. We forgive felons in this country if they "served their time" and hold it discrimination if that crime is held against them for employment, housing, etc. I note on this forum that people who have been arrested or had other scrapes with the law eventually can get the GE but people such as myself will be on a National database for the rest of our lives?

Something seems very wrong with that. I have written this not only for myself but any others who are in the same sad situation. I'm a supporter of the CBP. I think they have a very important/ difficult job. Maybe if some common sense was used in these cases, their job may become a bit easier.
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