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Renewing/Applying for NEXUS/Global Entry with Customs Violation/Warning

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Renewing/Applying for NEXUS/Global Entry with Customs Violation/Warning

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Old Jun 3, 2019, 10:45 am
  #61  
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Originally Posted by smartytravel
Thanks for a quick response. Is there a way to look into my records, perhaps via FOIA?
Yes, but.that may take the better part of a year.
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Old Jul 31, 2019, 12:49 pm
  #62  
 
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I have had GE for 4 years now and have not had any violations of any sort. I always declare food and the officers always thank me for doing so.

I recently crossed into San Diego using a SENTRI GE lane but didn't have my card. I was the only person in the car.

The Officer scolded me at first but after asking the purpose of my visit and my previous crossings at San Ysidro (never) he was much more relaxed. He did ask me to not do this again, that a minor violation would be on my GE, but thanked me for being cooperative and accountable and did not send my to secondary.

Is this a violation to declare on my renewal application? Does anyone think this could affect my chances for approval? Thank you
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Old Jul 31, 2019, 9:45 pm
  #63  
 
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No, you're fine. That's not a violation that we would record.

As to the agriculture reference going on 3 years ago now, that's just a handful of posts up...

If you weren't cited, then there was no violation. It's similar to getting pulled over for speeding but only getting a warning and not a ticket. You're not guilty of anything.
This makes no sense and as I read it, is factually wrong.

We (err, the guy and girls in AQI) don't always (and generally don't) cite you when we take your food. It will get recorded in our secondary system log, and it will be on your record for anyone who queries your crossing history.

It may just say something as "Seized 1lb of apples" for 2 apples you had in your backpack that you forgot about. Not worth collecting a fine, but worth logging down.
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Last edited by maninblack; Aug 1, 2019 at 9:33 pm Reason: spelling
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Old Dec 4, 2020, 3:42 pm
  #64  
 
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Help. I have my Global Entry interview tomorrow and I'm worried I may have unwittingly lied on my application. About 5 years ago I got caught with 3 avocados in my bag. I was tired from traveling all day and simply forgot I had them. But in the application they asked if had ever been found in violation of US customs, to which I replied "No," because I understood the question to mean serious contraband such as narcotics etc. Also, I was never fined or pull aside or anything, so I didn't think much about the incident. will this disqualify me from Global Entry?
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Old Dec 4, 2020, 4:19 pm
  #65  
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Welcome to FlyerTalk Oscar Preciado!

There may be helpful information in the following two threads:
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Old Mar 26, 2021, 11:25 pm
  #66  
 
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Looking for advice since I don't know where to turn to. It's my year to renew and I am just about ready to reapply but I had a concern that just leaves me completely unsure. Near the end of the application, the form asks if I have violated any customs laws. Back in 2014, I imported some branded game cards that were seized. I ignored the love letter that was sent. It was addressed to my name and address on file with Global Entry. My brother who went to do his interview today did not get an auto renewal, but the interviewer did mention this to him to which he has no knowledge of. He was approved. Now, I am unsure whether or not to say "yes" and possible get denied. Second option is to say no and reveal this if asked during the interview? My intention is not to lie, but it's hard to get a straight answer. I briefly spoke to someone who worked at customs and his answer was to just "be as honest as you can", this answer was the same with a lawyer who deals with Global Entry.
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Old Mar 27, 2021, 11:01 am
  #67  
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Why was it seized?
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Old Mar 27, 2021, 12:24 pm
  #68  
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Originally Posted by BBonly
Looking for advice since I don't know where to turn to. It's my year to renew and I am just about ready to reapply but I had a concern that just leaves me completely unsure. Near the end of the application, the form asks if I have violated any customs laws. Back in 2014, I imported some branded game cards that were seized. I ignored the love letter that was sent. It was addressed to my name and address on file with Global Entry. My brother who went to do his interview today did not get an auto renewal, but the interviewer did mention this to him to which he has no knowledge of. He was approved. Now, I am unsure whether or not to say "yes" and possible get denied. Second option is to say no and reveal this if asked during the interview? My intention is not to lie, but it's hard to get a straight answer. I briefly spoke to someone who worked at customs and his answer was to just "be as honest as you can", this answer was the same with a lawyer who deals with Global Entry.
It is obvious that CBP is aware that your (counterfeit?) game cards were seized. Global Entry is a "Trusted" Travelers program. In other words, the CBP trusts Global Entry members to perform their own immigration and customs inspections and follow their rules and regulations. If you hide information which they they know about and deem to be relevant to determine your honesty and trustworthiness, do you think that they will still trust you to conduct your own border inspections when entering the country? I don't.

May I suggest that you check the following threads which have relevant information:
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Last edited by TWA884; Mar 27, 2021 at 5:32 pm
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Old Mar 27, 2021, 2:33 pm
  #69  
 
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Originally Posted by BBonly
Now, I am unsure whether or not to say "yes" and possible get denied. Second option is to say no and reveal this if asked during the interview? My intention is not to lie, but it's hard to get a straight answer. I briefly spoke to someone who worked at customs and his answer was to just "be as honest as you can", this answer was the same with a lawyer who deals with Global Entry.
Even if you answer no, they will still find out if you have violated any customs laws so you have nothing to gain by saying no.
When I walked my mother through the process of signing up for Global Entry, I even told my mother to disclose her customs violation from a long time ago from an incoming trip from Japan, that an undeclared orange was found (to our surprise!), seized and she was fined for it. It turned out her mother did this to ensure we had something to eat on the long flight back to Los Angeles but didn't tell anybody. Needless, to say my mother was upset at this.

I had to reason her into being honest and if they denied her, then it is what it is. Even if they couldn't find the violation, it was still better to be honest so she answered "Yes" to that question.After a few months, it went into Conditional Approval and I told her that it was pretty much a slam dunk for approval.

She told me that violation was brought up during interview and the officer asked her if she knew the fine, and she replied "$30". My understanding was that the officer laughed and said $300 and approved her.
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Old Mar 27, 2021, 5:27 pm
  #70  
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Originally Posted by BBonly
Looking for advice since I don't know where to turn to. It's my year to renew and I am just about ready to reapply but I had a concern that just leaves me completely unsure. Near the end of the application, the form asks if I have violated any customs laws. Back in 2014, I imported some branded game cards that were seized. I ignored the love letter that was sent. It was addressed to my name and address on file with Global Entry. My brother who went to do his interview today did not get an auto renewal, but the interviewer did mention this to him to which he has no knowledge of. He was approved. Now, I am unsure whether or not to say "yes" and possible get denied. Second option is to say no and reveal this if asked during the interview? My intention is not to lie, but it's hard to get a straight answer. I briefly spoke to someone who worked at customs and his answer was to just "be as honest as you can", this answer was the same with a lawyer who deals with Global Entry.
You should definitely say "yes" when applying. That the CBP asked your brother about you/your customs issue when he went in for an interview as a conditionally-approved renewal applicant is a very clear indicator that the CBP has a record of your being flagged for importation of counterfeit goods. That your brother got final approval and that you are doing a renewal application -- which I would take to mean that your GE membership status has not been revoked at this point -- should provide you with hope that being straight about the past is the best way to get the renewal application approved in some form or another and have a chance to get final approval for your renewal application.
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Old Mar 28, 2021, 10:57 am
  #71  
 
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Agree you should be honest.

I'm a little puzzled though - if this violation occurred in 2014, then presumably you either were approved initially or renewed successfully once already after the violation occurred. That suggests that either CBP doesn't consider the offense a reason to deny you or that its records in 2015 were poor so didn't catch it then.
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Old Mar 28, 2021, 3:20 pm
  #72  
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CBP already knows the answers to most questions, including those on your application and those asked at an interview. The questions are asked to see whether you are a liar. If you are, you won't be trusted and you pretty much dictate the resolution, e.g., denial.

If you intend to make a false statement to a government agency, save the money to pay a fine and don't bother applying.

Just answer the question truthfully and, if asked admit the truthful facts and don't deflect blame from anyone other than yourself. That's all you can do.
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Old Mar 31, 2021, 1:39 am
  #73  
 
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I'll go with yes and put a brief response as to why violation I got hit for. I'll roll the dice and see what happens. It seems this is the general direction from the advice here and off the forum. I'll update in a few months on what happens if anyone is curious. The weird part is that this was never an issue when I first applied back in 2016. The person doing the interview of my brother mentioned on how their system "takes some time to update" hence why it wasn't brought up then but did say that it could be a possible issue in the future. Hard to say if that is the truth or not, CBP is never transparent and you have to read between the lines to get the best answer.
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Old May 13, 2021, 6:20 pm
  #74  
 
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Just putting an update for future reference for someone. After waiting for two months, I finally got a response back this afternoon. I was APPROVED with no interview needed. I am good until 2027. So despite my small mishap, it wasn't bad enough for them to deny me.
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Old May 24, 2021, 2:28 am
  #75  
 
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Posted in the wrong topic.I saw the question " have you ever been found in violation of customs laws?" during the renewal application. I remember that in 2019, I forgot about the food item in my luggage and declared electronically not having any food.

I was selected for an X-ray and the food item was found. The agent reprinted the declaration form and allowed me to amend to “having food”. He discarded the food item, and gave me a verbal warning. No paperwork followed and I was free to go.



Is it best to answer Yes with explanation on the application?
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