Global Entry Denial and Recourse
Sep 23, 2018, 2:11 pm
#346
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Sep 23, 2018, 2:40 pm
#347
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Was the drug use only in a country/jurisdiction under conditions where and when it was not a crime for you to use such drug? If so, it may work.
Last edited by TWA884; Aug 24, 2019 at 5:57 pm
Sep 23, 2018, 3:21 pm
#348
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There are recent reports that Canadian nationals seeking entry to the US are being denied entry when admitting to marijuana usage in places where its use is lawful. If that is the case, it follows that CBP would deny GE on the same basis.
Re-reading the basis of denial, it is not merely that the applicant has violated US law, but that his use of marijuana in general is a reason to deny GE.
If all of your usage is in a place where it is not a violation of any law, then go ahead and try an "appeal" to the Ombudsman. Make it clear when and where the usage occurred and that the usage was not in violation of any law at the time it occurred.
I strongly suspect that this will do you no good, but it is worth the effort to see what comes of it. Additionally, should US policy change at some point soon, you will have made a record to be reconsidered.
As others note, if you cannot make this specific case it is not worth the bandwidth or postage to submit.
Re-reading the basis of denial, it is not merely that the applicant has violated US law, but that his use of marijuana in general is a reason to deny GE.
If all of your usage is in a place where it is not a violation of any law, then go ahead and try an "appeal" to the Ombudsman. Make it clear when and where the usage occurred and that the usage was not in violation of any law at the time it occurred.
I strongly suspect that this will do you no good, but it is worth the effort to see what comes of it. Additionally, should US policy change at some point soon, you will have made a record to be reconsidered.
As others note, if you cannot make this specific case it is not worth the bandwidth or postage to submit.
Sep 23, 2018, 4:22 pm
#349
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Is there a "do you use drugs" question on the GE application then? I only remember a question that went along the lines of "have you been convicted of any criminal offense in the US or any other country?". I cannot think why any sane person would admit to "usage" if there had not been a criminal conviction associated with it and was therefore worried about checks that may be made in other countries. Anyway, I will be amazed if they have any luck.
Sep 23, 2018, 9:04 pm
#350
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Is there a "do you use drugs" question on the GE application then? I only remember a question that went along the lines of "have you been convicted of any criminal offense in the US or any other country?". I cannot think why any sane person would admit to "usage" if there had not been a criminal conviction associated with it and was therefore worried about checks that may be made in other countries. Anyway, I will be amazed if they have any luck.
Sometimes CBP employees working at ports of entry ask such questions for travelers with a record of travel to certain destinations. They may then use the “lifestyle” type of question to send people to secondary/Ag, for example. It could be that the CBP employee interviewing a conditionally approved GE applicant asked the question (or a series of “lifestyle” type questions) in person and then used the in-person Q&A as a basis to deny final approval to GE despite the GE applicant having been granted conditional approval and having no record, and no admission, of violating laws anywhere. When that happens, the basis for making an appeal and having it succeed are stronger.
Sep 24, 2018, 2:01 am
#351
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You'd have to be barking mad to admit to it in a "lifestyle" type of question at any stage of the process if there was no associated offence in any country.
Sep 24, 2018, 2:29 am
#352
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Are you recommending that a GE applicant shouldn’t honestly answer asked questions from CBP when really wanting GE membership? What’s that saying: damned if you do, and damned if you don’t. Well, that’s not necessarily the case if the honest answer to the question involves no admission of criminal wrongdoing on the matter. And that can work in the favor of an appeal.
Last edited by GUWonder; Sep 24, 2018 at 2:38 am
Sep 24, 2018, 3:25 am
#353
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Back on planet earth, if a CBP person asks me if I have ever smoked marijuana (I haven't so it is a moot point) the answer would be "no". Why not ask "did you ever steal from the church plate?", or "did you ever steal someone's newspaper?", or "did you ever hit someone's car and drive off?", and so on. The answer to all of them would be no and if they find out otherwise then good luck to them. But my lifestyle and what I do in my private time is nothing to do with them so I will not give them the information for them to make a judgement as it could go either way.
Sep 24, 2018, 4:15 am
#354
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Back on planet earth, if a CBP person asks me if I have ever smoked marijuana (I haven't so it is a moot point) the answer would be "no". Why not ask "did you ever steal from the church plate?", or "did you ever steal someone's newspaper?", or "did you ever hit someone's car and drive off?", and so on. The answer to all of them would be no and if they find out otherwise then good luck to them. But my lifestyle and what I do in my private time is nothing to do with them so I will not give them the information for them to make a judgement as it could go either way.
Last edited by TWA884; Aug 24, 2019 at 5:57 pm
Sep 24, 2018, 4:54 am
#355
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They may think that little green men live on Mars, but I won't help them prove it.
Sep 24, 2018, 5:10 am
#356
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That wouldn’t be my idea of anything to do with a lifestyle type question — but if it’s yours, then it’s yours. Work, recreation, financial and household stuff does come up rather routinely in CBP interactions with applicants for entry (and sometimes even exit) at US ports. CBP asking such lifestyle questions of GE applicants with conditional approval is also something that happens on planet earth. While some of us may wish or think that it’s none of CBP’s business to ask questions about source and use of income/funds, of foreign recreational habits and so on, some CBP employees do make it their business — and they do so at the counters for the masses and at the desks/counters for those seeking a notification for being approved for pearly gate entry via GE kiosks.
Last edited by TWA884; Aug 24, 2019 at 5:57 pm
Sep 24, 2018, 5:41 am
#358
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Advising people to commit a felony, e.g. making a false statement to a CBP Officer, is a bit silly. While there are certainly people who do and can justify it to themselves, making the recommendation without accompanying it with the risks is poor form.
Will anybody likely be prosecuted for this casual lie? Not likely. But, if it happens, one would likely wish to have at least considered it.
Will anybody likely be prosecuted for this casual lie? Not likely. But, if it happens, one would likely wish to have at least considered it.
Sep 24, 2018, 6:45 am
#359
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Advising people to commit a felony, e.g. making a false statement to a CBP Officer, is a bit silly. While there are certainly people who do and can justify it to themselves, making the recommendation without accompanying it with the risks is poor form.
Will anybody likely be prosecuted for this casual lie? Not likely. But, if it happens, one would likely wish to have at least considered it.
Will anybody likely be prosecuted for this casual lie? Not likely. But, if it happens, one would likely wish to have at least considered it.
Sep 24, 2018, 7:36 am
#360
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Advising people to commit a felony, e.g. making a false statement to a CBP Officer, is a bit silly. While there are certainly people who do and can justify it to themselves, making the recommendation without accompanying it with the risks is poor form.
Will anybody likely be prosecuted for this casual lie? Not likely. But, if it happens, one would likely wish to have at least considered it.
Will anybody likely be prosecuted for this casual lie? Not likely. But, if it happens, one would likely wish to have at least considered it.