Do you need a lawyer for a Global Entry denial?

Short answer: Often not: a single paid penalty, one old arrest with a clear disposition, or a paperwork error is something many people handle themselves. Get a lawyer before you write to CBP if you have pending charges or an investigation, several or foreign convictions, any immigration question, or you suspect retaliation.

An honest answer from a publisher of a self-help kit: many requests are careful paperwork people handle themselves, and some situations need a lawyer before you write a word. Here is how to tell which you have.

We sell a self-help kit, so you should weigh what follows with that in mind. It’s also why the kit spends a whole part, Part 8, on when not to rely on it. This guide sets out the same lines the kit draws. It’s general information, not legal advice, and we recommend no particular lawyers and take no referral payments.

The short answer

Often not, and sometimes yes, before you do anything else. A reconsideration request is a published CBP process, and CBP’s pages list no fee for it. But a request becomes part of a government record. If your situation involves an open criminal case, an investigation, your immigration status or suspected retaliation, what you write can matter beyond Global Entry, and a lawyer should see it first.

Why many requests don’t need a lawyer

A Global Entry reconsideration isn’t a court case or a hearing. The regulation says the redress processes “do not create or confer any legal right, privilege or benefit” and are “wholly discretionary on the part of CBP” (8 CFR 235.12(k)). There’s no legal argument to win. What CBP’s Trusted Traveler Program Denials page asks for is factual: the date and reason from your letter, a summary that clarifies a record or explains an incident, court dispositions for every arrest even if expunged, and other supporting documents.

GAO describes the Ombudsman’s guidance as generally weighing how long ago an offense happened, how severe it was, and whether the traveler has kept a clean record in recent years (GAO-24-106314, p. 25). Those are facts you can document yourself. GAO also reports that travelers are solely responsible for providing the documents, and that the Ombudsman doesn’t obtain court or police records for you (p. 24 and footnote 39), so gathering records is your job either way.

Situations many people handle themselves

  • a single customs or agriculture penalty, paid (see undeclared food or a customs penalty);
  • one old arrest with a clear dismissal or disposition you can obtain (see a DUI, arrest or expunged record);
  • a name, date or document mismatch;
  • an omission on the application that you can fully correct;
  • a vague letter where you know of no event on CBP’s list.

That list holds if you’re a U.S. citizen and nothing in the next section applies. Not sure? Ask a lawyer.

When to get a lawyer first

The kit says to strongly consider a lawyer, and to speak to one before you contact CBP, when any of these apply:

  • pending charges, warrants or an investigation. The regulation lists all three as factors (8 CFR 235.12(b)(2)(ii) and (iv)). While one is still true, a request or a new application would be judged against that same factor, and the kit says to speak to your defense lawyer before writing anything about a pending case;
  • several arrests, a felony, or convictions abroad;
  • sealed records you can’t obtain;
  • suspected retaliation, if you believe the decision followed something lawful you did, such as observing or recording law enforcement, a complaint or a protest. The kit gives no template for this, on purpose, and says to get advice before filing anything;
  • repeat denials after reconsideration;
  • any question about immigration status, admissibility, a waiver or parole;
  • you aren’t a U.S. citizen, including a green-card holder, and your letter involves an arrest, a conviction, a violation or an omission. A written statement to CBP can have consequences beyond Global Entry.

A self-help kit that tells you when to stop

The kit’s triage map sends retaliation and immigration questions to its lawyer pages instead of a template, and repeats the pending-charge and non-citizen cautions where they apply.

A 33-page self-help e-book, 8 editable templates and a planner. Not legal advice.

Which kind of lawyer

Match the lawyer to the underlying problem, not to Global Entry:

  • a criminal-defense lawyer for records, sealing and pending cases;
  • an immigration lawyer for status or admissibility questions;
  • a civil-rights lawyer or a civil-liberties organization that offers legal intake, for suspected retaliation. DHS’s Office for Civil Rights and Civil Liberties takes complaints about DHS policies, activities and personnel through an online portal; your lawyer can advise whether and when to use it.

Your state or local bar association’s lawyer referral service is a neutral place to start.

What a lawyer costs for a Global Entry denial

We don’t quote a figure, and the kit doesn’t either: there’s no official one, and fees depend on the lawyer, the place and the case. What you can do is ask for the fee in writing, what it covers, and what the lawyer will do that you can’t do with CBP’s published process. Bringing the records you’ve already gathered to the first meeting, as the kit suggests, keeps that conversation short and specific.

Questions to ask before you hire

  • Have you handled CBP trusted traveler denials before? What happened?
  • Is there a risk to me beyond Global Entry, for example to my immigration status or a pending case?
  • What will you do that I can’t do with CBP’s published process?
  • What is the fee, what does it cover, and can I have that in writing?
  • Will you need my FBI record, court dispositions and CBP letter?

If you do hire someone, bring what you’ve already gathered. The records CBP asks for are the same whoever writes the request.

What no one can promise

No lawyer can guarantee a result either. The Ombudsman’s decision is discretionary, whoever writes the request. Be cautious of anyone, lawyer or not, who predicts your chances: the published figures the kit relies on are GAO’s averages across every reason and program, which aren’t anyone’s personal odds. Our guide on how to request reconsideration explains what those figures do and don’t show.

Do the straightforward part yourself, carefully

For a situation you can handle yourself, the kit gives you the reason pages, the records pack, the templates and a planner. For one you can’t, it gives you the questions to ask a lawyer, and a box for notes on each lawyer you contact.

Independent, not affiliated with CBP, DHS, TSA or any government agency. No outcome is promised.

Official sources

  1. CBP, Trusted Traveler Program Denials
  2. 8 CFR 235.12, Global Entry program (eCFR)
  3. GAO-24-106314, Trusted Traveler Programs (February 2024), full report
  4. DHS Office for Civil Rights and Civil Liberties, Make a Civil Rights Complaint

This guide is general information about processes the U.S. government publishes. It is not legal advice, and it is not affiliated with CBP, DHS, TSA or any government agency. Nothing here predicts or promises an outcome.