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Global Entry Denial and Recourse

Global Entry Denial and Recourse

Old Jul 12, 2021, 6:01 pm
  #481  
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Originally Posted by TWA884
Please provide a source or citation to support this claim.
The ban is not explicitly mentioned, but implied.

The ban would be done under 8 CFR 235.12(b)(2)(v), which states: "The applicant is inadmissible to the United States under applicable immigration laws or has, at any time, been granted a waiver of inadmissibility or parole;"

OP has admitted that he has been an immigration violator. Hence, OP was supposed to be inadmissible (i.e. removable) under INA 212(a)(9) (8 U.S.C. 1182(a)(9)) until he has been subject to the 10-year ban (estimated) from the U.S. Otherwise, those people must seek a waiver of inadmissibility (USCIS Form I-601) before applying any immigration benefits. It is uncertain that whether OP has actually applied for a waiver. But based on DACA's history, OP has unlikely spent time outside the U.S. for the ban, which implies OP has been granted a waiver of inadmissibility in connection of his immigration violations.

Note - DACA is a Catch-22 status, which ironically, to be eligible for a DACA status, the applicant must admit the immigration violation. So even assuming OP has spent the 10-year ban, the DACA status is a sufficient proof per se that OP has an inadmissibility waiver (as all DACA status holders are supposed to subject to removal and the ban before the status).

Sure - CBP may revise its 8 CFR 235.12(b)(2)(v) regulation. So it may not seem like a lifetime ban. But keep in mind - CBP has immigration authority. Unless that has changed, this regulation is supposed to stay for the life of the TTP, i.e. indefinitely.

Sorry to say - just because OP turns legal, it does not mean the U.S. Government would see otherwise. It is like a naturalized citizen will never become a native born citizen.

Last edited by garykung; Jul 12, 2021 at 6:09 pm
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Old Jul 12, 2021, 6:21 pm
  #482  
 
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Originally Posted by garykung
OP has admitted that he has been an immigration violator.
No, the OP was denied because she is married to a former DACA now GC resident. He's not the applicant.
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Old Jul 12, 2021, 6:23 pm
  #483  
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Originally Posted by HkCaGu
No, the OP was denied because she is married to a former DACA now GC resident. He's not the applicant.
Please read OP, which states:

Originally Posted by DeltaFlyer92
1) What are the odds of me getting denied if I go to my interview.
OP is asking for himself. As an applicant with a history of immigration violation(s), the chance of approval is literally 0%.
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Old Jul 12, 2021, 6:29 pm
  #484  
 
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Originally Posted by garykung
OP is asking for himself. As an applicant with a history of immigration violation(s), the chance of approval is literally 0%.
OK I read again, OP is the husband. But the wife is the applicant and was denied for his violation. So the question remains valid: Can she re-apply or appeal?
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Old Jul 12, 2021, 7:28 pm
  #485  
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Originally Posted by HkCaGu
So the question remains valid: Can she re-apply or appeal?
She can always re-apply or appeal. But logically, the chance of ultimate approval is not high.

Based on OP, it sees that OP, while being as an illegal immigrant (including the time benefited from DACA), has lived with his wife before he becomes a permanent resident. Because they have been living together, his wife can been seen as aiding and/or abetting illegal immigrant under 8 U.S.C. 1324(a)(1)(A)(iii) or (iv), which could carry 4-10 months of imprisonment.

Of course - ICE never prosecutes except the case of smugglers. But again, under 8 CFR 235.12(b)(2)(iii), even not prosecuted, CBP can still deny TTP enrollment by virtue of its own determination that his wife has harbored an illegal (Note - the CBP regulation uses the terms "found in violation", but not convicted. In plain language interpretation, because previous regulation uses "convicted", so "found in violation" means differently from conviction.)
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Old Jul 22, 2021, 11:02 am
  #486  
 
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Global entry renewal denial and appeal

First post please be kind

My global entry expired in late 2019 and I did not realize as I was very busy taking care of patients in the early portion of the pandemic.
I applied for renewal last week and I did have an incident in 2009 when I was in college where I did not declare alcohol in my luggage and I was given a written notice of infraction but no fine. I had global entry from 2014 till 2019 and I honestly cannot remember if I claimed this incident for my first stint, as a global entry member but obviously I was approved. This time, I described the incident in my application and <1 week later I was notified that my application was denied due to violation of customs and agriculture laws even though I was a global entry member without issue. I appealed by saying this incident was 12 years ago, it was an honest mistake, I have not had any other infractions since, and I was previously approved for global entry.
I know this is a situation unique to me but what do you think my chances of my appeal working or is there any other advice that can be shared? Thanks in advance.

Last edited by vegas825; Jul 22, 2021 at 6:10 pm
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Old Jul 22, 2021, 1:34 pm
  #487  
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Originally Posted by vegas825
I know this is a situation unique to me but what do you think my chances of my appeal working or is there any other advice that can be shared? Thanks in advance.
50/50. Your chance of appeal depends your very first GE approval, i.e. whether CBP has considered that customs violation.
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Old Jul 22, 2021, 5:49 pm
  #488  
 
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Originally Posted by garykung
50/50. Your chance of appeal depends your very first GE approval, i.e. whether CBP has considered that customs violation.
Thanks for the input, in hindsight I probably should have said nothing on my renewal application but I was trying to be honest and transparent
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Old Jul 22, 2021, 6:15 pm
  #489  
 
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How do I cancel an online appeal to file another one instead?

Last edited by bunkunu; Jul 22, 2021 at 6:48 pm
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Old Aug 19, 2021, 12:31 pm
  #490  
 
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Hey guys, I applied for Global Entry and was denied. I have a completely clean criminal record, no arrests or incidents of any kind. Letter says the reason as: You do not meet program eligibility requirements.

US citizen, also have a active US customs badge for work which required extensive background check. What could be going on and what to do?
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Old Aug 20, 2021, 5:49 am
  #491  
 
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Originally Posted by GMSK
Hey guys, I applied for Global Entry and was denied. I have a completely clean criminal record, no arrests or incidents of any kind. Letter says the reason as: You do not meet program eligibility requirements.

US citizen, also have a active US customs badge for work which required extensive background check. What could be going on and what to do?
File an appeal to the ombudsman saying all that info with proof. These denials really should be more detailed.
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Old Aug 20, 2021, 9:20 am
  #492  
 
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Originally Posted by xobile
File an appeal to the ombudsman saying all that info with proof. These denials really should be more detailed.
In my haste yesterday I already filed the appeal with a narrative, but did not include proof. Is there any way to attach files this after the appeal is submitted?
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Old Aug 21, 2021, 1:43 pm
  #493  
 
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Originally Posted by GMSK
In my haste yesterday I already filed the appeal with a narrative, but did not include proof. Is there any way to attach files this after the appeal is submitted?
I'm not familiar with the new system with the online appeal as opposed to the email I used. Might want to look into your account and see if you can see your appeal request in the first place. My appeal request took 9 months and there's no updates in between. You might just want to apply again especially if you have a credit card that can refund the application fee
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Old Aug 26, 2021, 9:42 am
  #494  
 
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Originally Posted by xobile
I'm not familiar with the new system with the online appeal as opposed to the email I used. Might want to look into your account and see if you can see your appeal request in the first place. My appeal request took 9 months and there's no updates in between. You might just want to apply again especially if you have a credit card that can refund the application fee
Appreciate this info. I don't have the option to edit my appeal, but there is an option to re-apply. Would it be recommended/beneficial to re-apply while the appeal is pending?
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Old Aug 27, 2021, 6:42 am
  #495  
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Originally Posted by GMSK
Hey guys, I applied for Global Entry and was denied. I have a completely clean criminal record, no arrests or incidents of any kind. Letter says the reason as: You do not meet program eligibility requirements.

US citizen, also have a active US customs badge for work which required extensive background check. What could be going on and what to do?
Do you have a "common" last name? Computer systems can get peoples records mismatched.
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