Ive been revoked for my program, but I do not know why. CBP generally likes to see the passage of time with no further negative incidents before approving or reinstating an applicant. I just applied for Global Entry and noted this incident on my application. One time I crossed with my friend and his brother in the same car through an international bridge. Good luck with your request. You could try Mobile Passport for international travel and apply directly for TSA PreCheck. Its a facts and circumstances consideration. It was over ten years ago, so they should take that into consideration. Global entry is a program of the U.S. Customs and Border Protectionservice (CBP). Many thanks for your help! It was only today, when I printed the application to add to my file for my interview that I noticed the follow-up question asking if I had any expunged records. I applied for and received by Global Entry in 2016. I was neither taken into the police station nor fingerprinted, photographed, or booked. Look at the addresses you have used and see if anyone using that address has had any brushes with law enforcement or possible immigration violations. This was 50 years ago. I am scheduling the interview. He got his records expunged years ago. I was convicted of an OWVI (operating while visibly impaired) misdemeanor in MI in 2010. I am unfamiliar with the Act you mention. I left the question blank because I didnt think the ticket qualified as an arrest ( only received a ticket and never taken into custody). Applied for GE and disclosed underage drinking in college was expunged not thinking much of it. Although, if there are multiple convictions for this and/or other Hello, I have applied for Sentri and received Conditional Approval. Hello Chris. Coming from backgrounds in the avant-garde and jazz, Juvenile incidents are generally sealed and not considered adult criminal offenses. (Non-drug and not involving and CBP-type violations). Does that count as a criminal offense, and will it mean that I can not get global entry? I would recommend obtaining certified copies of the court disposition or transcript (different courthouses use different names for it) so you can show CBP the dispositions for these incidents. I tried to get information about the incident but they never really gave me an answer of what my violation was. Thank you, John. Is there any process I can follow? Or, as my lawyer suggests, since I can truthfully state that Ive never been convicted just leave it out of the application? I am unclear how a person remedies this situation with CBP. Let me know if I can help. Should I appeal the appeal or should I just reapply? And is there a way I can run a background check on myself to see what all comes up. (like kids, thats not professional) and finally the agent give my sentri card to the supervisor, he told the agent he would take care of it, the supervisor told me to be quits and walk me over to secondary, (maybe the buddy system?) Is that correct? I have 2 questions/concerns: I am not sure what you mean by outstanding arrest. CBP can deny for any criminal conviction. I had declared a gift but they said it was the wrong price. I had to leave the USA in 2006. Much of it will depend on how long ago it was and the nature of the offense. You can find the official CBP policy for the Trusted Traveler program HERE. TSA PreCheck is an expedited form of security within the U.S., where members can keep their shoes on, electronics in their bags, and light jackets on their body. I explained the circumstances, no physical violence and it was dropped to a Class C misdemeanor. I applied for the SENTRI again in 2018 and in the denial letter it stated reasons: It does not meet the eligibility requirements of the program. Since my records are sealed, if I asked for the CORI report from MA, it would likely come back blank. Private credit checking pre-employment databases do show an arrest. I had an agriculture fine in the day my GE approved via enrollment on arrival. Ive never had any trouble with the law or had any issues at the border ever. Is that (lying in the application) a reason for them to deny the cards, or should I still try to apply again? It would seem so if that is the case. a metal container in the shape of a cylinder the shelter stores huge cans of water for an emergency. Do you think they will deny him based on this minor juvenile offense? I got conditional approval on my initial application went to the interview, and the officer asked about a family violence charge from 1994. I would recommend obtaining certified copies of the court disposition or transcript (different courthouses use different names for it) so you can show CBP the disposition for this incident. The office said I need to submit my background report. Your parent or legal guardian does not have to be a Global Entry member. I understand the fact that I am fully responsible for my luggage contents, but the way things progressed has made me wonder. You must apply, which means youll undergo a thorough background check against criminal, law enforcement, Customs, Immigration, Agriculture, and My husband (age 50), had a theft charge on his record. Does it have to be exactly 10 years (ie I am currently 3.5 months shy of 10 years at this moment)? If the courthouse has destroyed it as an old record, you should still get some form of certified index-based search of the records. What happens after you win an appeal with Ombudsman? In 1995 I was convicted of indecent exposure. Hi I got a DauI back in February 2017 if I apply for a sentri would I be approve or denied. Following the announcement, details emerged about how the agency plans to leverage the use of the CBP [] I understand that it isnt possible to apply while under probation with withheld adjudication, but is withheld adjudication really treated as a conviction by the CBP even if the charge has been dismissed? IN the application itself however he did not mention the MIP because he was never actually arrested and thus didnt think it was necessary. Do you think this misdemeanor will prevent approval for GE? Most jurisdictions view disorderly conduct as a criminal offense. However, we left the country in the beginning of January and a couple days after I got an email saying my GE had been revoked. Hello Mr. Manley, first of all, thank you for having this and responding to so many people. I was undocumented for at least 10 years in the US prior to becoming documented. Although the uninformed/unprepared agent kept asking the same when did you apply for your case to be ok in the country? My answer didnt matter. I would recommend obtaining certified copies of the court disposition, minutes, or transcript (different courthouses use different names for it) so you can show CBP the disposition for this incident. Your analysis that neither resulted in a conviction appears faulty. CBP will ultimately look at the facts and circumstances of any violation. Im sure my girls would pass, but what would be your thoughts on the chance I will be approved too? I have since passed several background checks, but was denied a firearm in 2011. Hopefully, the CBP officer reviewing your case will approve. If you were never charged, you would not have had a case at all. Would I get denied for SENTRI if I declare I live with him? Feel free to call me to discuss. Nothing was ever said to me in the in person interview, I didnt know to ask the officer anything. He has not had anything since as it really was a one time mistake. Declare all relevant information, however. How long should I expect it to take? Thanks. You should declare all criminal incidents regardless of whether they were expunged. Since learning how stringent this process is, Im worried that lack of detail might result in a denial. I can go in as a walk-in tomorrow morning and get that taken care of. My lawyer at the time told me I was restored to my previous status by operation of law and that I could legitimately claim never to have been arrested. Good Riddance. Hello I had a 2011 misdemeanor conviction for DUI. Case was dismissed after serving community service. Three months ago I requested my criminal record reports from the FBI, California DOJ, and the local sheriffs dept. I had forgotten about it till questioned during my interview. Does the first ticket still impact my chances of getting approved? Ive had Global Entry for 10 yrs already and its time for renewal but the current renewal application is much more detailed than I remember, now asking to list arrests, not just convictions. 2 arrests. I also have a 2009 conviction for driving on a suspended license. I do not see how that would be part of an adult record. I have never been in trouble since the age of 15 and have 34 years with a spot free record and I was denied. The Policy Still Has the Border in Its Grip. Thank you. Im scared to apply cause my brother and sister in law has GE and dont want theirs to to be revoked. When I landed, I looked in my bag (5+ hours had elapsed and it was late) and saw no fruit. If you receive an interview, I would recommend obtaining certified copies of the court disposition or transcript (different courthouses use different names for it) so you can show CBP the disposition for this incident. Will his GE be revoked? That would not be an adult criminal violation, however. I recommend obtaining certified copies of the court disposition when you apply. I had a felony conviction back in 2014 and was expunged in 2018. In 2017 I received a ticket for a city ordinance violation (no arrest/misdemeanor just paid a fine to have it removed from my record). They scanned it in and I got approved. At the time I had other concerns, my son was on the process of being diagnosed with Autism, and I did not even try to prove them wrong. I do not believe that is a criminal offense. If you were charged as a minor, ie. Ive never had any other incidents, when I applied for U.S citizenship in 2009 they asked me about the incident I went and got some records and that was it. Then got married and before I leave for my interview to obtain my green card , I applied for 601a waiver and went to my home country and was able get my ir1 visa and now I got my green card and I applied for global entery . My application is pending right now. I would recommend obtaining certified copies of the court disposition or transcript (different courthouses use different names for it) so you can show CBP the disposition for this incident. Conditionally approved. I had It vacated in 2011. Im obviously going to disclose the DUI charges when I go to renew, but do you know if this is likely to result in a denial given that its not a guilty plea or a conviction? Manufactured Spending Weekly Thread - Week of January 14 Daily Discussion Thread - January 16, 2023, Daily Discussion Thread - January 15, 2023. So I spoke to Department of Homeland Security I am conditionally approved for global entry and have my interview soon. CBP does not release processing times for FOIA. My husband applied and received his sentri recently, do you think I would get denied? I applied and was granted SENTRI in 2014 with two previous misdemeanors. Would this result in a denial for Sentri? Someone apparently did something bad, I assume? Hi I have been reading the comment section here and am curious about someone having a felony offense as a minor in 2006 would be affected in application for the trusted traveler program? Would my application be denied? The post Title 42s End May Be in Sight. I had a Reckless in 2009 and in 2013. I disclosed 3 misdemeanor convictions for DUI on my application. Never went to jail, only paid a small fine. You can ask for a detention only letter from the police. Should I have a chance to apply and receive approval or wait for 10 years? Please tell me how this is considered at risk! My expungement letter states that original documents will have been destroyed. Asking specifically because as a 1099 I use a USA address for my taxes because of home office declaration but I live in Tijuana with my boyfriend. ago. I have sentri since 2017 its due on 2022 but I just got a DUI. Such a threat to society indeed. I would not think 3 years is long enough. The agent said i was approved and even had me use one of the kiosks to verify it worked. I have a dismissed theft charge from 2008 on my record. I would recommend obtaining certified copies of the court disposition, minutes, or transcript (different courthouses use different names for it) so you can show CBP the disposition for this incident. Travelers must be pre-approved for the Global Entry program. That should confirm that the old records were purged. he pleaded guilty , took the course and got it expunged from his record. I was charged and plead guilty to Petty Larceny a misdemeanor in my early 20s Im not almost 50 do I even have a chance of getting approved? He has been a law abiding citizen and business owner. Will I ever be able to use my Global Entry? Should I try? (not churning) Has anyone been denied global entry for a misdemeanor? If not, you could have a good argument for reinstatement. The FBI, California DOJ, and San Diego Sheriffs office recently issued me letters stating that I had no reportable criminal history. Thanks! and from your experience in this case would a FOIA show what caused the officer to determine that i no longer meat their standers for a low risk traveler? Should I ask for a review or reinstaement and supply the docs to the Ombudsman? Do I have any chance for reconsideration? I went to the interview with the supervisor and she asked me a bunch of questions and asked if I knew the people she mentioned (most of them were my family members, and a few I did not recognize). Id sensed denial already, so as I was to leave, I asked, from what point on its the 10 year ban enforced, from the time I stopped being undocumented or from the moment I became undocumented (even though I had a case going)? My question is could cbp deny my application because I got a 601a waiver before even I was on a work authorization before I get my green card ?? But it's free, so at worst you're out some time. Another in-person interview and another electronic fingerprint set and a few weeks later Global Entry approved. If you have applied for reconsideration already, I cannot help you. If you have a criminal record and you want to travel internationally or emigrate, contact us at Silver Law Firm. If it was reduced to a misdemeanor and this took place many years ago, that could be an argument in a reinstatement request. We are currently in the process of applying for a spousal visa. Went to the interview and was denied. Keep in mind that corresponding with the Ombudsman is a a one-time only correspondence. The DUI arrest itself could disqualify an applicant from global entry consideration. It may be necessary to appeal the denial to show how a DUI arrest did not result in a conviction or criminal charges or any other reason why the application should be granted. Expungement May Not Affect Global Entry Both have been taken care of. Will you be turned down for renewal? Would this deny me? Contact me directly if you want me to prepare that for you. Would this affect my global entry in any way? When we went to court for these charges, the charges were reduced to a single noise ordinance violation (penal code 415(2)) and charged as a single infraction. [], More than two and a half years after it began, the public health policy known as Title 42 may finally be nearing an end. I also contacted the Superior Court and they indicated to me that they had no record of my past court appearance. Thanks! Im in a similar situation but for me it was graffiti, but it was sealed or whatever. During my interview I was asked if I ever smoked marijuana, I did not lie and said yes. Global Entry is a risk-based approach to facilitate the entry of pre-approved travelers. If you were charged as a minor, ie. I do not believe such incidents expire on a persons record. It is a conviction so they may deny it. I recently requested and received a letter from them stating when I had finished and when I ended my OPT. I pleaded no contest to a misdemeanor possession charge in 2016, and my record was expunged. I have GE from 2017 and was arrested for DV but ultimately got it reduced to disturbance of peace infraction. I got denied for GE. My renewal is coming up next year (can start the process 1 year before). Its presente a big issue for me. Would a denial affect the chances of approval on future applications after 10 years? Am I safe to simply do the interview at the airport given I have already successfully appealed to Ombudsman or is there a chance they will ask for more information and deny again? I currently hold a Secret Clearance(Im sure this doesnt matter). I didnt have a prescription and the drug was confiscated in customs and I got a letter telling me that the drug was being destroyed. He was a resident alien and was deported. Should I reapply or ask for reconsideration? Many other countries have limitations on who can visit, seek residency, or become a citizen. Ten years is not an official rule or policy. CBP needs to do a better job with people who have had old customs violations. I currently have tsa pre check,and a clean record not even a misdemeanor. I m retired now. And as the Trump-era policy inches closer to its third anniversary, the Biden administration is expanding its use, [] I was convicted of shoplifting 53 years ago. I only bought two as a gift. Officer CBP mentioned my wife could do a reconsideration of the denial, due to the fact some times she has to do trips across the border into mexico and Port of entries lines are about 4 hrs long. That could be a customs violation. Was conditionally approved for Global Entry. Is this a case I should complain about or do a reapply as my original GE ends in about a year. Is the arrest question new since 2016. Dishonesty, fraud, or misrepresentation, including identity fraud and money laundering, where the money laundering is related to a crime listed in Parts A or B (except welfare fraud and passing You should get a copy of their purging policies (ie. Generally, any convictions for I put on the paperwork when I filled it out that I had a felony. I have an adjudication withheld in Florida of a grand theft 3rd degree felony that has been sealed not expunged. Thanks! INA 101(a)(48), the definition of a conviction. I am not sure if I have any documentation for any of this, but there may be an oustanding arrest. Told the adgent, not something I did very often and could not remember the last time I did, my words, were not in a blue moon. I was a US resident at the time, about 5 yrs. You could consider applying for reinstatement if denied. I just did a blog for Think Immigration where I discussed this issue. How would I find out if this is even recorded anywhere? I have been cited for driving without a license (paid the fees from an old ticket in another county that I had forgotten about and got it all cleared) and they attempted to charge me with another misdemeanor but that case was dismissed due to the fact that it was not me (mistaken identity). I was convicted of misdemeanor battery in 2006, completed probation, all required things, and had the record expunged in 2011. 3. If you had a case, which it sounds like you did, I would contact the courthouse to obtain a certified copy of the disposition/minutes. I know everyones different. I am debating on whether I could apply to Global Entry. Otherwise, you have a misdemeanor conviction and the program will likely deny you. Any advice? In any event, I submitted my application and disclosed that I had the pardon and all records were expunged. The matter is usually a privacy issue. I sponsored my partners green card five years ago and we were denied as our answers differed from each other. 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