Nexus application denied. Process to review a negative decision?

[Mart777]

Hello,

My friend is a Canadian citizen and he applied the past 2 years for the NEXUS Program. Both times, his application was denied.

The motives for the denials were not detailed at all (Other - you do not meet the program eligibility requirements). He wrote to the Ombudsman to have more information, but to no avail.

I would like to know if there is a process to review a negative decision regarding Nexus application ?

Right now we are in the dark about why he was refused.

We think it is because his fingerprints were once taken and are possibly still in the system. Do you know how to remove someone's fingerprints from the CBP and-or USCIS systems?

Thank you for your help

 

[CalGreenCard]

We think it is because his fingerprints were once taken and are possibly still in the system. Do you know how to remove someone's fingerprints from the CBP and-or USCIS systems?

I doubt it is possible to remove the fingerprints from the system but the question is why the fingerprints were taken. If it was in connection with a routine border crossing--for example, Canadians entering the USA in TN and many other statuses need to provide fingerprints routinely--that wouldn't present a problem I wouldn't think. If he attempted to enter as a tourist (Canadian tourists still don't typically need to provide fingerprints) and needed to provide fingerprints in connection with a denial, that could be more serious--but it would depend more on the reasons for the denial than the fingerprints themselves. If he needed to provide fingerprints in connection with an arrest (not at the border) again it would depend on the disposition of the arrest (was he convicted? were the charges dropped?) and whether he has documentation to that effect.

Fingerprints in today's security conscious world are provided in many different contexts and it will depend more on the context of the situation in which he needed to provide fingerprints--not just the fact of being fingerprinted. Customs, immigration, and criminal violations can all, unfortunately, be reasons to deny a Nexus application but more information is clearly needed.

 

[Mart777]

Charges against him were dropped. I dont know if he has documents to that effect.


Btw, do you know if there is a process to review a negative decision regarding a Nexus application?

 

[CalGreenCard]

Btw, do you know if there is a process to review a negative decision regarding a Nexus application?

There appear to be some steps he can take to at least informally appeal:

http://usa.immigrationvisaforms.com/travel/nexus-sentri-fast-global-entry-denials

However if he was arrested and hasn't provided documentation as yet that the charges were dropped that is almost certainly what is holding up his approval. He needs to get that documentation--otherwise they will see the arrest in the system but won't know what exactly happened--and will definitely err on the side of caution by not granting his application. Getting the fingerprints deleted seems unlikely to me but documenting exactly what did happen--especially since it sounds like it is favorable to his case--should be feasible.

I think his next step should be fully documenting the circumstances of the arrest and later dropped charges. Once he has that in place--but only then--he can consider his next step after that which might be to review/appeal the denial or re-apply, etc.