Global Entry Appeal from Revocation

In August of 2018 our office was contacted by a traveler who had previously been approved for Global Entry, but, had his membership revoked. Global entry is a program that permits expedited entrance through passport control in the United States. The program is open to U.S. citizens, U.S. lawful permanent residents, and citizens of certain other countries.  It enables travelers to skip lines at passport control and customs and enter the county using a touch screen and fingerprints.

When our client originally applied for global entry he was interviewed by Customs and Border Control and was questioned about a criminal arrest that was not disclosed on his application. He informed the officer that the arrest happened almost 40 years previously and that it had been expunged from his criminal record. The application was passed on to the supervisor and the client later received his approval in the mail.  

The client successfully used his Global Entry membership on an international trip, but, when he attempted to use it again a year later, was told by an agent that his membership status has been revoked.

We accepted the case and gathered all of the relevant information.  In September of 2018 our office wrote a letter to the US customs and Border Protections to ask them to overturn this sudden denial of status. We made both factual and legal arguments and provided information and references concerning our client’s background and character both personally and professionally.   We analyzed how this related to the published standards for denial of Global Entry.

The US Customs and Border Protection Program can deny Global Entry for the following reasons:

1. Provide false or incomplete information on the application;
2. Have been convicted of any criminal offense or have pending criminal charges or outstanding warrants (to include driving under the influence);
3. Have been found in violation of any customs, immigration or agriculture regulations or laws in any country;
4. Are the subject of an ongoing investigation by any federal, state or local law enforcement agency;
5. Are inadmissible to the United States under immigration regulation, including applicants with approved waivers of inadmissibility or parole documentation; or
6. Cannot satisfy CBP of your low-risk status.

We explained that our client’s criminal record had been expunged shortly after his conviction almost 40 years ago.  We provided the legal justification that having a criminal record expungement deems that the incident never occurred and legally allows a person to say they have never been arrested. We argued that as our client had received an expungement, he was correct in answering the questions on the application. He had no pending criminal charges or outstanding warrants. He had never been found in violation of any customs, immigration or agricultural regulations.  He is not the subject of any ongoing investigations by any law enforcement agencies. He had no immigration issues as he is a United States Citizen. All of these factors combined to make him a low risk.

Upon review of this further information provided by our office we were contacted by US Customs and Border Protection Trusted Traveler Program in March of 2019 with the good news that the denial was overturned. We emailed this news to the client who was by coincidence in the process of returning from a trip abroad.  He informed us that upon receipt of our email he tried to use the Trusted Traveler line at U.S. Customs and saved a two hour wait in line and was admitted into the country without delay.

Please contact the Law Office or Randolph H. Wolf if you have any questions concerning the Global Entry Program or have been denied acceptance.