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Global Entry Appeal | TSA Global Entry Appeal Lawyers

According to the TSA, approximately 3-5% of the roughly 30,000 applicants that apply for Global Entry status every month will be denied. Customs and Border Protection (“CBP”) in most cases will issue a written reason for the denial, but this is not always the case. In some cases, the applicant will have to pursue various avenues in an attempt to find out the reason for the denial. The most common reasons applicants will be denied, however, will be due to past arrests or convictions for criminal offenses or for administrative customs violations. In short, even minor criminal convictions or customs violations, regardless of their age, could result in a preliminary denial of Global Entry membership.

If your Global Entry application has been rejected, you should promptly consult with an experienced Global Entry appeal lawyer. If necessary, the Global Entry appeal lawyers at Brett O’Brien Law, LLC will investigate why your application was rejected. We will then request paperwork relating to the underlying offense and gather personal and professional paperwork relating to your character and the reasons why you would like Global Entry membership. We will then submit an appeal on your behalf discussing the reasons for the denial, demonstrating your rehabilitation, explaining your need for Global Entry, and providing evidence demonstrating that you are not a security risk to the security of the United States. If you are interested in appealing your Global Entry denial or revocation, you should consider an experienced attorney to assist.

What Is Global Entry

TSA’s Global Entry program is an expedited international travel program for frequent travelers that allows them to pass through customs and immigration without having to wait in long times. The Global Entry application process includes a thorough background check, an in-person interview at a Global Entry Enrollment Center, and a non-refundable $100.00 application fee. For frequent international travelers, the Global Entry program is one of the best investments of time and money they can make.

The initial Global Entry application is available online at the U.S. Custom and Border Protection’s website. It is imperative, however, that applicants answer all questions honestly, as statements are made under penalty of perjury. Once you complete your application and pay the $100.00 fee, TSA will then conduct a thorough background check.

At this stage in the process, unfortunately, many applications will be denied due to criminal background checks. In fact, applicants are routinely denied Global Entry status due to criminal offenses or arrests – even if those offenses are decades old, and even if those offenses have been dismissed, expunged, pardoned, and/or sealed.   In addition, often times applicants are rejected on the basis of inaccurate or incomplete criminal arrest and/or conviction information.

As soon as your Global Entry application has been rejected, you should promptly consult with an experienced Global Entry appeal lawyer. This is because you have limited rights to appeal the decision and, if you do not properly handle your appeal, you could seriously undermine your chances of ever being admitted into the Global Entry or Pre-Check programs.

Who Is Eligible for TSA Global Entry?

As experienced TSA Global Entry appeal attorneys, we are often asked about Global Entry program eligibility requirements. The U.S. Customs and Border Protection (CBP) agency regulates the Global Entry program. Global Entry eligibility requirements include a clean criminal background and legal citizenship or residency in a participating country. Applicants must also be at least 18 years old or have a parent or legal guardian accompanying them to provide consent.

CBP is given a great deal of discretion in the administration of the Global Entry program. There are, however, some regulations that provide guidance on the program’s requirements. Those regulations can be found in the Department of Homeland Security’s regulations at 8 CFR § 235.12.

 

As 8 CFR § 235.12(b)(2) states, a person is ineligible if CBP “at its sole discretion” concludes that the individual “presents a potential risk for terrorism, criminality (such as smuggling), or is otherwise not a low-risk traveler.” That section further explains that this determination will be based on the individual’s “ability to demonstrate past compliance with laws, regulations, and policies.”

The last category listed, those who otherwise cannot be classified as “low risk,” is a broad category that can cover a large range of conduct. In essence, however, the CBP will admit those applicants who do not present any security risk concerns. As CBP is concerned with past compliance with laws and regulations, however, this means that any type of criminal arrest or conviction, regardless of its age or the circumstances surrounding the offense, could result in an initial denial.

…That section goes on to provide that the following applicants may be denied Global Entry

  • Those who provide false information on their application;
  • Those who have been arrested for or convicted of any criminal offense;
  • Those who have pending criminal charges or outstanding warrants;
  • Those who have violated customs or immigration regulations;
  • Those under investigation by law enforcement;
  • Those who are known or suspected terrorists;
  • Those who have been deemed inadmissible to the United States pursuant to immigration laws; and
  • Those who otherwise cannot be classified as “low risk.”