Global Entry Appeal Filed on Behalf of Client Who Was Denied Global Entry Membership Due to 1980s Felony Conviction

The Global Entry Appeal lawyers at Katherine O’Brien Law recently filed an appeal with the Customs and Border Protection Ombudsman on behalf of a client who was denied Global Entry membership due to a 1980s conviction for vehicular manslaughter. Although our client subsequently had the offense expunged from his criminal record, he properly admitted to the offense when questioned about his criminal record during his Global Entry interview. After he received notice that his Global Entry membership application had been denied, he contacted us to represent him on appeal.
Global Entry Appeal FiledIn our appeal, we explained the circumstances surrounding the offense and included documentary evidence, including court records, to verify this information. In doing so, we also pointed out that prior to the collision, several eyewitnesses to the accident had observed the driver of the other motor vehicle driving in a reckless and erratic manner. As a result, the vehicle that our client was operating was caused to rear end the other vehicle, causing the driver of that vehicle to lose control.

Unfortunately, as a result of the collision, one of the five passengers in the motor vehicle that our client collided with sustained deadly injuries. Moreover, our client, who was in his 20s, was found to have a blood alcohol content that was right at the legal limit. He was thereafter charged with vehicular manslaughter. Upon the advice of his attorney, he plead “no contest” to the charge and was sentenced to probation.

In our appeal, we explained that our client expressed significant remorse over the incident, and also pointed out that it was his only contact with the criminal justice system. We further highlighted the fact that the conviction was over 30 years old.

In addition to explaining the nature of the underlying offense, we also provided the Ombudsman with evidence to support the fact that our client was a “low-risk” status. See 8 CFR § 235.12(b)(2) (explaining that those applicants who otherwise cannot be classified as “low risk” may be denied Global Entry). This included highlighting his professional achievements as well as the many charitable contributions he has made throughout his lifetime. We further detailed his professional history together with his current professional role. In addition, we provided details surrounding our client’s personal and family life, including his hobbies and activities.

Finally, we provided the Ombudsman with a detailed explanation as to why our client wanted Global Entry membership and explained that our client’s current business venture requires substantial international travel on his behalf. We further provided documentary evidence in support of this.

At this point, we are waiting to hear back from the Ombudsman with respect to our appeal. Currently, the time frame for hearing back is approximately six months, although it could take more or less time, depending on the case. Once we do hear back with the results, however, we will update this post accordingly.

If you were denied Global Entry membership, contact the experienced Global Entry appeals lawyers at Katherine O’Brien Law today for a free consultation. We will review your case, gather documentary evidence on your behalf, and submit a persuasive appeal on your behalf. Call us today at 856-832-2482.

Katherine O'Brien

Katherine O'Brien

New Jersey expungement lawyer Katherine North O’Brien has been practicing expungement law for her entire career and has handled hundreds of complex criminal record expungements. She has also assisted in the drafting of briefs on expungement issues before the New Jersey Supreme Court. Katherine is passionate about helping people clean their criminal records and, therefore, started Katherine O’Brien Law to offer those with criminal convictions a fresh start.