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Posted (edited)

I wanted to share a bizarre denial. My father applied for Global Entry back in April 2020 and just received a denial today October 2020 based on "You do not meet program eligibility requirements due to prior Immigration violation(s)."

This does not make sense as my father has NEVER had any immigration violation. Prior to the USCIS granting him LPR permanent resident status this year April 2020, he has been traveling in and out of the US on business/ pleasure trips the past 15 years and have never been denied/ hassled by CBP and has had three separate renewals of 10 year B1/ B2 tourist visas approved by different US embassies never any issues.

I pulled his US entry and exit history from CPB website showing all his entries and exits in the past 3 years his 8 trips in and out of the US records showing he has never been ever overstayed his B1/ B2 status (each trip averaged 2 weeks compared to the 6 months he is always given as a duration of status by CBP).

I'm scratching my head about the denial reason and have opened an FOIA request based on the good information shared on this forum. The only thing that can crossed my mind is that on his last trip to the US on December 2019 we submitted an I-485 adjustment of status from B1/ B2 to legal permanent residence with the USCIS (this is legally allowed for only immediate relatives of US citizens, of which parents of US citizens are considered as immediate per INS immigration law), which the USCIS approved in April granting him US permanent residence. And yes, he did not make any misrepresentations on intent and was already in possession of a B1/ B2 visa issued way when he filed for his I-485 AOS.

I'll share back in 6 to 7 months if the FOIA even reveals the exact nature of this so called "immigration violation".

Edited by ultrasoul

I-130 JOURNEY FOR F2A Minor Child of LPR (MNL Consular Processing)

7/29/20: Online I-130

9/28/20: I-130 Approved

10/1/20: NVC case number generated (10/5 CEAC ready for doc uploads & 11/18: Doc uploads completed for NVC review)

11/21/20: DQ'ed by NVC

1/24/23: USEM schedules interview (3/17: St Luke's medicals completed)

4/3/23: USEM F2A IV Interview (4/4: Visa Issuance & 4/6: Passport delivered)

6/6/23: US POE (6/8 SSN card mailed, 7/6 green card ordered)
 

I-130 JOURNEY FOR IR-5 Parent of USC (MNL Consular Processing)

1/18/19: Paper I-130

8/13/19: I-130 Approved 

9/9/19: NVC case number generated (10/7 CEAC ready for doc uploads & all doc uploads completed for NVC review)

11/25/19: DQ'ed by NVC

12/18/19: USEM schedules interview (12/27: St Luke's medicals completed)

1/6/20: USEM IR-5 IV Interview (3/4: Visa Issuance & 3/10: Passport delivered)

6/10/20: US POE (6/13 SSN card mailed, 7/3 green card ordered)
 

I-130/ I-485 FOR Parent of USC (Adjustment of Status, Not concurrent filing)

1/18/19: Paper I-130 (did not do concurrent I-485 filing)

6/25/19: Paper I-485 (7/5 Biometrics mailed)

7/12/19: Walk-in biometrics completed

7/31/19: Combo EAD/ AP mailed  (8/8: I-485 Interview Ready to be scheduled)

8/26/19: I-130 Approved (12/10/19: I-485 Interview scheduled)

1/28/20: Interview at Greer SC FO

2/6/20: I-485 approved, Green Card Ordered (2/10: Green Card Produced and Mailed)

Filed: Country: Jamaica
Timeline
Posted

yes, he did not make any misrepresentations on intent and was already in possession of a B1/ B2 visa issued way when he filed for his I-485 AOS.

 

 

So when he came to the US, he informed CBP that he was traveling to the US to file for his green card and not using his B1/B2 for visiting or business.  That does not make sense.  

Phase I - IV - Completed the Immigration Journey 

 

 

Filed: Country: Vietnam (no flag)
Timeline
Posted

Hi,

 

Your father entered the US in December 2019, immediately applied to adjust status, and got his green card in April 2020.  Seems like your father used a nonimmigrant visitor visa to enter the US with the intent to immigrate.  


While immigrate intent can not be used to deny the AOS of an Immediate Relative of a USC, it doesn't mean it can not be used to deny Global Entry.   This is what may have happened.  

Posted

@Pinkrlion @aaron2020 I called the closest CBP GE office and was lucky enough to get a supervisor. It turns out the actual reason for the denial was that they had incorrectly cross-referenced his passport number with someone else's record. Next step is to submit a reconsideration letter with the ombudsman and we should be all good! I definitely was overthinking the AOS situation 

I-130 JOURNEY FOR F2A Minor Child of LPR (MNL Consular Processing)

7/29/20: Online I-130

9/28/20: I-130 Approved

10/1/20: NVC case number generated (10/5 CEAC ready for doc uploads & 11/18: Doc uploads completed for NVC review)

11/21/20: DQ'ed by NVC

1/24/23: USEM schedules interview (3/17: St Luke's medicals completed)

4/3/23: USEM F2A IV Interview (4/4: Visa Issuance & 4/6: Passport delivered)

6/6/23: US POE (6/8 SSN card mailed, 7/6 green card ordered)
 

I-130 JOURNEY FOR IR-5 Parent of USC (MNL Consular Processing)

1/18/19: Paper I-130

8/13/19: I-130 Approved 

9/9/19: NVC case number generated (10/7 CEAC ready for doc uploads & all doc uploads completed for NVC review)

11/25/19: DQ'ed by NVC

12/18/19: USEM schedules interview (12/27: St Luke's medicals completed)

1/6/20: USEM IR-5 IV Interview (3/4: Visa Issuance & 3/10: Passport delivered)

6/10/20: US POE (6/13 SSN card mailed, 7/3 green card ordered)
 

I-130/ I-485 FOR Parent of USC (Adjustment of Status, Not concurrent filing)

1/18/19: Paper I-130 (did not do concurrent I-485 filing)

6/25/19: Paper I-485 (7/5 Biometrics mailed)

7/12/19: Walk-in biometrics completed

7/31/19: Combo EAD/ AP mailed  (8/8: I-485 Interview Ready to be scheduled)

8/26/19: I-130 Approved (12/10/19: I-485 Interview scheduled)

1/28/20: Interview at Greer SC FO

2/6/20: I-485 approved, Green Card Ordered (2/10: Green Card Produced and Mailed)

Posted (edited)

Self delete - Good for you for getting ahold of someone!

Edited by Paul & Mary

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

We need more happy endings like this.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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