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Originally Posted by TWA884
(Post 33401778)
Please provide a source or citation to support this claim.
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. |
Originally Posted by garykung
(Post 33402242)
OP has admitted that he has been an immigration violator.
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Originally Posted by HkCaGu
(Post 33402291)
No, the OP was denied because she is married to a former DACA now GC resident. He's not the applicant.
Originally Posted by DeltaFlyer92
(Post 33401211)
1) What are the odds of me getting denied if I go to my interview.
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Originally Posted by garykung
(Post 33402297)
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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Originally Posted by HkCaGu
(Post 33402307)
So the question remains valid: Can she re-apply or appeal?
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.) |
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. |
Originally Posted by vegas825
(Post 33428816)
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.
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Originally Posted by garykung
(Post 33429282)
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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How do I cancel an online appeal to file another one instead?
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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? |
Originally Posted by GMSK
(Post 33504112)
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? |
Originally Posted by xobile
(Post 33505780)
File an appeal to the ombudsman saying all that info with proof. These denials really should be more detailed.
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Originally Posted by GMSK
(Post 33506253)
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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Originally Posted by xobile
(Post 33509038)
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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Originally Posted by GMSK
(Post 33504112)
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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