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Customs and Border Protection (CBP); Entering the USA - Part III



Penalties For Providing False Information:

The failure to provide true, accurate and complete information in an application may result in denial of this application. Severe penalties are provided by law for knowingly and willfully falsifying or concealing a material fact or using any false document in submitting this application. If you are found in violation of the terms and conditions of this program, we may cancel your privileges and you may be subject to fines, penalties, and criminal charges.


Eligibility for FAST:

U.S. citizens, U.S. lawful permanent residents, Canadian citizens, Canadian lawful permanent residents (green card holder), and Mexican nationals are eligible for Free and Secure Trade (FAST) membership. You must be 18 years of age or older and possess a valid driver's license.


Reasons for Ineligibility:

You may not be eligible for participation in the FAST program if you:

  • Provide false or incomplete information on the application

  • Have been convicted of any criminal offense or have pending criminal charges or outstanding warrants (to include driving under the influence)

  • Have a criminal conviction for which you received a pardon from any country

  • Have been found in violation of any customs, immigration or agriculture regulations or laws in any country

  • Are subjects of an ongoing investigation by any federal, state or local law enforcement agency

  • Have been denied for the purchase of a firearm

  • Are inadmissible to the United States under immigration regulation, including applicants with approved waivers of inadmissibility or parole documentation; or

  • Fail to meet other requirements of the FAST Commercial Driver Program


Penalty Mitigation Guidelines:

First Violation:

In the case of the first drug-related violation of 19 U.S.C. 1584, which occurs after the effective date of this Agreement and pending no evidence of knowledge or complicity on the part of the Carrier, a preliminary mitigated penalty of no more than 50 percent of the statutory penalty will be assessed. Further, Customs agrees to issue a decision on a submitted petition requesting further mitigation within 120 days of its receipt by Customs, unless additional investigative procedures or further requests for information are required. To obtain this expedited treatment, the Carrier must note clearly on both the petition and envelope that a standard Customs-Trade Partnership Against Terrorism (C-TPAT) Agreement to Voluntarily Participate is in effect.


Second Violation:

In the case of the second drug-related violation of 19 U.S.C. 1584, which occurs after the effective date of this Agreement, the full statutory penalty will be assessed. However, Customs agrees to issue a decision on a submitted petition requesting mitigation within 120 days of its receipt by Customs, unless additional investigative procedures or further requests for information are required. To obtain this expedited treatment, the Carrier must note clearly on both the petition and envelope that a standard Customs-Trade Partnership Against Terrorism (C-TPAT) Agreement to Voluntarily Participate is in effect.


Third or Subsequent Violation:

In the case of the third or subsequent drug-related violation of 19 U.S.C. 1584 which occurs after the effective date of this Agreement, the full statutory penalty will be assessed, and a petition requesting mitigation will be considered as the ordinary course of business.


Procedure after Violation-Free Period:

If, at any time after the effective date of this Agreement, there has been no drug-related violation of 19 U.S.C. 1584 for a 2-year period, the next drug-related violation will be treated as a first drug-related violation in the manner noted above.


Trusted Traveler Program Denials:

To qualify for one of the U.S. Customs and Border Protection (CBP) Trusted Traveler Programs, you must voluntarily undergo a thorough background check against criminal, law enforcement, customs, immigration, agriculture, and terrorist indices to include biometric fingerprint checks, and a personal interview with a CBP officer.


In the event you are denied or revoked from the Trusted Traveler Programs, you will be provided information in writing detailing the reason for this action. If you believe the decision was based upon inaccurate or incomplete information, you may request reconsideration through the Trusted Traveler Programs website.


Reconsideration Requests and attachments to the Ombudsman should be in English and must include the following details:

  • Date of denial and denial reason(s) from this letter

  • Summary of information to further clarify a record or explain an incident or arrest

  • Court disposition documentation in PDF format for all arrests or convictions, even if expunged; and/or

  • Other supporting documentation you feel may influence the Ombudsman’s decision. Supported formats: PDF, DOCX, DOC, PNG, JPEG, and GIF


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Remote Interview Pilot for Trusted Traveler Programs:

Eligible Trusted Traveler Program (TTP) members can now complete enrollment interviews with a CBP officer through video teleconferencing, while ensuring that the remote interview process maintains high security and privacy standards.

Eligibility:

Some renewing Global Entry members who are conditionally approved are eligible to participate in the pilot. Renewing NEXUS, FAST and SENTRI members will be integrated into the pilot through a phased approach. First-time TTP applicants are not yet eligible to participate.


Criteria:

To be eligible for the remote interview pilot, TTP members must:

  • Be conditionally approved for a TTP renewal

  • Be at least 18 years of age

  • Have a photo on file with CBP that was taken (1) within the past 10 years, and (2) after the applicant was 14 years of age; and

  • Have previously submitted fingerprints to CBP


Scheduling a Remote Interview:

To schedule a remote interview, eligible applicants may log into their TTP dashboard and select the “Scheduling Your Remote Interview” link. CBP recommends that applicants verify their e-mail address of record by using the “Edit Profile” link prior to scheduling a remote interview. Doing so will ensure that the applicant receives appointment details and reminders.


Technology Requirements:

CBP will use Zoom for government videoconferencing software to conduct the remote interviews. Applicants should ensure that their computer, tablet, or smartphone has a working microphone and camera, and that their device can run the Zoom platform prior to scheduling their interview appointment.


Document Requirements:

Applicants who schedule remote interviews will be able to access a virtual waiting room up to 15 minutes prior to their scheduled interview time through their TTP dashboard or the CBP OneTM Mobile Application, available for free in the Apple App Store and Google Play. Interviews will take approximately 15 minutes. Applicants should be prepared to show the following documents during their remote interview:

  • A valid passport. Applicants should bring all their current passports to the interview so the information can be added to their file

  • Documents providing proof of residency. Such proof may include a driver's license, mortgage statement, rental payment statement, or utility bill that features the applicant’s current home address

  • A permanent residence card (if applicable)


In-Person Interviews:

CBP continues to offer in-person interviews at TTP enrollment centers located in the U.S. Conditionally approved first time Global Entry applicants may continue to schedule in-person interviews at enrollment centers through their TTP dashboard or Enrollment on Arrival, which CBP now offers to arriving international passengers at 69 airports.


Trusted Traveler Programs support CBP’s mission of securing U.S. borders while facilitating lawful travel and trade. These innovative programs allow more than 11 million pre-approved, low-risk travelers to bypass traditional CBP inspection lines and receive expedited processing when entering the United States.


Electronic System for Travel Authorization:

ESTA is an automated system that determines the eligibility of visitors to travel to the United States under the Visa Waiver Program (VWP). Authorization via ESTA does not determine whether a traveler is admissible to the United States. U.S. Customs and Border Protection officers determine admissibility upon travelers’ arrival. The ESTA application collects biographic information and answers to VWP eligibility questions. ESTA applications may be submitted at any time prior to travel, though it is recommended that travelers apply as soon as they begin preparing travel plans or prior to purchasing airline tickets.


Visa Waiver Program:

The Visa Waiver Program (VWP), administered by the Department of Homeland Security (DHS) in consultation with the State Department, permits citizens of 40 countries to travel to the United States for business or tourism for stays of up to 90 days without a visa. In return, those 40 countries must permit U.S. citizens and nationals to travel to their countries for a similar length of time without a visa for business or tourism purposes.


Important Notice: Travelers in the following categories are no longer eligible to travel or be admitted to the United States under the Visa Waiver Program (VWP):

  • Nationals of VWP countries who have traveled to or been present in Iran, Iraq, North Korea, Sudan, Syria, Libya, Somalia and Yemen on or after March 1, 2011 (with limited exceptions for travel for diplomatic or military purposes in the service of a VWP country).

  • Nationals of VWP countries who are also nationals of Iran, Iraq, North Korea, Sudan, or Syria.


You must have an e-passport to use the VWP. An e-Passport is an enhanced secure passport with an embedded electronic chip. You can readily identify an e-Passport because it has a unique international symbol on the cover.


Electronic System for Travel Authorization (ESTA):

ESTA is an automated system that determines the eligibility of visitors to travel to the United States under the Visa Waiver Program (VWP). Authorization via ESTA does not determine whether a traveler is admissible to the United States. U.S. Customs and Border Protection officers determine admissibility upon travelers’ arrival. The ESTA application collects biographic information and answers to VWP eligibility questions. ESTA applications may be submitted at any time prior to travel, though it is recommended that travelers apply as soon as they begin preparing travel plans or prior to purchasing airline tickets.


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No matter what the circumstances of your case are, make sure to obtain legal immigration advice and/or services from an immigration attorney, which can found according to U.S. state on www.usaimmigrationhub.com.


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