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Global Entry Denial and Recourse

Global Entry Denial and Recourse

Old Jan 2, 2018, 8:24 am
  #301  
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Welcome to FlyerTalk.

As this is about Travel Safety and Security and not FT Technical Support, we will move it to the appropriate forum for input.

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Old Jan 2, 2018, 9:13 am
  #302  
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Originally Posted by JDiver
Welcome to FlyerTalk.

As this is about Travel Safety and Security and not FT Technical Support, we will move it to the appropriate forum for input.

JDiver, Moderator
Where it was merged into the relevant thread.

You may also wish to peruse the following thread:
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Old Jan 2, 2018, 9:16 am
  #303  
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Originally Posted by James2231
I had my global entry interview on December 28, 2017. My CBP officer was surprised to notify me that I had failed because he was not able to find any criminal, civil, agriculture, immigration or any other violation for that matter.

When I asked him why I was being denied, he stated because I was born in Pakistan and had traveled to Pakistan. He also mentioned that he would talk to his supervisor in a few days and wanted me to call him. I will be calling him tomorrow.He was confident that he would be able to get an approval for me as I had nothing on my record.

I was also shocked when I heard the news because I have been the United States citizen since 2003 and I moved to United States in 1990 as a permanent resident when I was only a teenager, that is 27 years. As far as I have researched, it is unlawful to discriminate / deny an applicant based upon national origin. I am planning to appeal this decision after I talk to him tomorrow.
Any comments would be helpful.
Let us know how the call goes. Don't do anything until you have learned the decision.
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Old Jan 2, 2018, 1:38 pm
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Originally Posted by James2231
I had my global entry interview on December 28, 2017. My CBP officer was surprised to notify me that I had failed because he was not able to find any criminal, civil, agriculture, immigration or any other violation for that matter.

When I asked him why I was being denied, he stated because I was born in Pakistan and had traveled to Pakistan. He also mentioned that he would talk to his supervisor in a few days and wanted me to call him. I will be calling him tomorrow.He was confident that he would be able to get an approval for me as I had nothing on my record.

I was also shocked when I heard the news because I have been the United States citizen since 2003 and I moved to United States in 1990 as a permanent resident when I was only a teenager, that is 27 years. As far as I have researched, it is unlawful to discriminate / deny an applicant based upon national origin. I am planning to appeal this decision after I talk to him tomorrow.
Any comments would be helpful.
If I had to place a bet-- just a gut-feeling, hope-I'm-wrong bet-- I'd guess that the the call won't solve the problem (at least not on the spot, anyway.) But that the grounds for appeal are much better.
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Old Jan 4, 2018, 12:06 pm
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Here's an update,
I had called as mentioned in my original post, cbp officer asked me to call the next day, i called the next day, he said me to call him again. So, I called him than he asked me to call him again, so I called him today (it was the 3rd day). He said I would get an email in the next hour. I was holding my breath and I received an email in the next 30 min. I was approved.

Whole process took just over 6 weeks. I am happy that I was approved. All law abiding citizens deserve to be treated equally.
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Old Feb 25, 2018, 7:53 am
  #306  
 
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I interviewed for GE in August 2017. I received a denial letter a week later with limited information regarding the reason. After several calls to the local CBP office, I was finally told I have a criminal history in 2 municipalities in Arkansas. (I have only ever lived in Georgia with no arrest record.) After more research calling the various court systems in the counties, I discovered there is a person with a similar name and same DOB. My maiden name <moderator's edit: has the same first and last name and middle initial as hers, but a different middle name>. Fortunately, one of the set of records had her full name and addresses. However, she is only listed <moderator's edit: with her middle initial> for the other court system (and last 4 of SSN was not included). In September 2017, I wrote a detailed letter notating this info as well as including the court records to both my Congressman and the CBP Ombudsman. The Congressman's office was basically shut down via multiple emails with Office of Congressional Affairs U.S. Customs and Border Protection and on the final email was told the case was closed and no more correspondence would be replied to.

Fast forward to February 24, 2018, and I received a denial of appeal letter stating the decision remains the same as I did not provide sufficient evidence proving the CBP used incorrect or erroneous information. Any suggestions on what I should be including in my next correspondence proving I am who I am with no criminal record and that the Arkansas woman is a separate entity? I almost feel like I need to get a lawyer/ private investigator to track this woman down so I can have sworn legal statements expressing the differences between us and that those are hers. Something tells me that would not be enough though.

Can anyone provide guidance on what type of documentation I should include on my next appeal? Thanks!

Last edited by TWA884; Feb 25, 2018 at 2:08 pm Reason: Privacy
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Old Mar 22, 2018, 8:34 am
  #307  
 
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Originally Posted by Lindsey Howell
I interviewed for GE in August 2017. I received a denial letter a week later with limited information regarding the reason. After several calls to the local CBP office, I was finally told I have a criminal history in 2 municipalities in Arkansas. (I have only ever lived in Georgia with no arrest record.) After more research calling the various court systems in the counties, I discovered there is a person with a similar name and same DOB. My maiden name <moderator's edit: has the same first and last name and middle initial as hers, but a different middle name>. Fortunately, one of the set of records had her full name and addresses. However, she is only listed <moderator's edit: with her middle initial> for the other court system (and last 4 of SSN was not included). In September 2017, I wrote a detailed letter notating this info as well as including the court records to both my Congressman and the CBP Ombudsman. The Congressman's office was basically shut down via multiple emails with Office of Congressional Affairs U.S. Customs and Border Protection and on the final email was told the case was closed and no more correspondence would be replied to.

Fast forward to February 24, 2018, and I received a denial of appeal letter stating the decision remains the same as I did not provide sufficient evidence proving the CBP used incorrect or erroneous information. Any suggestions on what I should be including in my next correspondence proving I am who I am with no criminal record and that the Arkansas woman is a separate entity? I almost feel like I need to get a lawyer/ private investigator to track this woman down so I can have sworn legal statements expressing the differences between us and that those are hers. Something tells me that would not be enough though.

Can anyone provide guidance on what type of documentation I should include on my next appeal? Thanks!
In all honesty, it's probably not worth it. They obviously don't want to be bothered or look into anything, so why labor yourself over it? Unless you fly internationally a ton and come back through the airports that don't have mobile passport, GE isn't really needed. I got mine revoked several years ago (dui) and honestly haven't missed it at all...and I take about 6-7 international trips a year, sometimes more. I am usually through customs and immigration within 5-10 mins max after getting off the plane. I've flown with people that have GE and we usually exit within 1-2 mins of each other b/c I have to wait in a slightly longer line to get through customs. Even then, I could probably go past everybody and just show them my phone b/c all they do is waive me through and make me scan it to get a green light...nobody is even really watching. Unless more people start using mobile passport or they do away with it, I personally see no reason I would even reapply for GE (I won't get it anyway due to my arrest, but still).
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Old Mar 25, 2018, 2:34 pm
  #308  
 
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Originally Posted by Mrgolfer21
...I personally see no reason I would even reapply for GE (I won't get it anyway due to my arrest, but still).
Single data point, but I have a client who got GE with a DUI on his record, it was just under ten years old, and he disclosed on on his GE app (the CBP officer thanked him for disclosing). At that time client was given tentative yes (photo taken, sticker given), but officer had to talk to a supervisor to get the ok for final approval. It took a few hours and client was notified by a personal email from the officer. He renewed without issue and disclosed it on the renewal too (at renewal he had was able to also say it had been expunged under California law -- but listed it regardless so as not to get tripped up with CBP).
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Old Mar 28, 2018, 1:55 pm
  #309  
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Exclamation Moderator's Action

A recent post discussing the poor quality fingerprints taken during the enrollment interview was moved to the following thread:
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Old May 7, 2018, 10:45 am
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My renewal was denied due to a "customs violation". I cannot recall any customs violations, so I filed a FOIA request for details. As I expected, my FOIA request found no responsive records. My next step is to have an attorney help write my appeal letter to the ombudsman.
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Old May 7, 2018, 12:35 pm
  #311  
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Originally Posted by Resonant Programmer
My renewal was denied due to a "customs violation". I cannot recall any customs violations, so I filed a FOIA request for details. As I expected, my FOIA request found no responsive records. My next step is to have an attorney help write my appeal letter to the ombudsman.
Have you had anything seized/fine levied (be it IP infringement or something else) that was mailed to you? This would be a customs violation that you might not associate with GE as you werent traveling but still within CBPs radar
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Old May 22, 2018, 2:51 pm
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Need help! GE denied based on inaccurate criminal record...

My story is a little strange. I took the GE interview yesterday and the process was pretty much smooth. The officer asked me "were you arrested' and I answered "Never". And after 5 min-typing and checking, he smiled and said "have a nice day". I thought I was approved but today I received a denied decision. I called for the reason and was told that there are arrest and criminal history on my record and I made untrustful answer...

I promise I was never arrested. There were couple parking violation tickets and a traffic violation ticket (turn without light) several years ago but that is all. I have never been to the court, the police office, or been arrested. The same situation happened to me couple year ago when I was trying to renew my driver license in local DMV. I was told there is a person who has the same name and BoD with me. And I was asked ever been arrested in a place I never heard of. I paid an additional fee for further validation and finally got my license.

So, I believe the same case happened in my GE interview. What shall I do to appeal my GE application? I am heading to state police office for criminal history record. Does this help? Thanks.
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Old May 22, 2018, 4:07 pm
  #313  
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GE application performs a name check only, not the one with fingerprint.

Get the record from FBI, not your state.

While I have no doubt that CBP has access to local database, I believe the CBP relies heavily on NCIC instead.
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Old May 22, 2018, 6:10 pm
  #314  
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It probably would have been a good idea to instead of saying no saying that somebody else with the same name and birthdate was arrested and that you had previously been mistaken for that person.
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Old May 22, 2018, 6:33 pm
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Originally Posted by Loren Pechtel
It probably would have been a good idea to instead of saying no saying that somebody else with the same name and birthdate was arrested and that you had previously been mistaken for that person.
It was a huge mistake not to mention this. It would have stopped the process while the paperwork was gathered and ultimately OP would have been approved (presuming nothing else). It would have been unfortunate if OP had not known of this situation, but he did know and it has caused him issues in the past.

CBP pulls from both NCIC and state databases as well as many commercial databases and state DMV's.

The easiest place to obtain documentation will likely be from the state DMV which issued your DL. It apparently picked up on your "evil twin" and did some work to verify that you are not the bad guy. It will be a start to track down the information you need.

In this particular case I would advise doing something a bit out of the ordinary. I would take that information from your state DMV and head back to the GE office and hang around until you can find the Officer who denied you.

An "appeal" to the Ombudsman is next, but that can take 12-18 months, so a one shot with the Officer who thought he caught you in a lie is worth the effort.

Not to pile on here, but in future, you know that this issue is out there. You can expect issues to arise and you should be the person to surface the issue and not wait for it to occur.
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