The law office of Katherine O’Brien successfully petitioned to the Transportation Security Administration to reconsider Global Entry membership for a client formerly convicted of vehicle manslaughter. The client had been denied membership on the grounds that he could not demonstrate that he had a low risk status due to his prior vehicular manslaughter conviction in the state of California.
The Transportation Security Administration (TSA), the agency in charge for granting Global Entry privileges, can deny membership based on any factors if it is determined that the applicant is not “low risk.” On appeal, it is important that an applicant demonstrate to the agency that the nature of the conviction, as well as the character of the applicant, display that the applicant is low risk and that Global Membership privileges would be appropriate.
Our office reviewed our client’s file and determined that the facts surrounding his conviction, and his conduct since his conviction demonstrated that he would be low risk for Global Entry membership.
Although our client’s record contained a conviction for vehicular manslaughter, the circumstances of the conviction indicated that the client was a low risk applicant. The client had been driving when another vehicle had attempted to merge into his lane. Unable to avoid collision, the impact caused the other vehicle to roll which resulted in fatal injuries to one of the passengers. Because our client’s blood alcohol content was at the legal limit at the time, he was charged with the vehicle manslaughter. Although a felony in the state of California, our office demonstrated to the TSA that after his probation period was completed, the state set aside the guilty plea, the offense was reduced to a misdemeanor, and later it was expunged from his record. Additionally, our office stressed that the client did not have any prior or subsequent arrests of offenses.
To further affirm that our client was a low-risk candidate for Global Entry membership, our office demonstrated that the professional and charitable character and conduct of our client. Professional success and charitable works and contributions are factors which can demonstrate that a client does not possess a risk, thereby making Global Entry privileges appropriate. In our letter to the TSA, our office listed our client’s numerous achievements and the many contributions our client made to society. A vast array of professional experience and many humanitarian efforts taken by our client were noted to the TSA, as well as his own monetary donations to humanitarian fund programs.
Also integral to the appeal is the necessity of the Global Entry Membership for the applicant. In this case, our clients profession required that he travel overseas many times a year, and it would therefore be important for our client to obtain this membership.
After presenting these factors to the TSA in our appeal letter, the client’s Global Entry membership was granted.
Global Entry Denial Lawyers
The Transportation Security Administration can deny membership based on any factors once it has been determined that a person is not “low risk.” If you were denied Global Entry and wish to appeal that determination, contact the Global Entry denial lawyers at Katherine O’Brien Law today. After understanding the basis for your denial, we will advise you on how to appeal that determination and help you decide whether or not it makes sense to appeal in your situation.
Call us today at 856-832-2482.