8 Cfr 235.12

wreier-aviles on DSK5TPTVN1PROD with CFR

§ 235.12

8 CFR Ch. I (1–1–13 Edition)

Form I–829, Petition by Entrepreneur
to Remove Conditions, within the 90day period immediately preceding the
second anniversary of the alien’s admission for permanent residence.
(b) Correction of endorsement on immigrant visa. If the alien is subject to the
provisions of section 216 of the Act, but
the classification endorsed on the immigrant visa does not so indicate, the
endorsement shall be corrected and the
alien shall be admitted as a lawful permanent resident on a conditional basis,
if otherwise admissible. Conversely, if
the alien is not subject to the provisions of section 216 of the Act, but the
visa classification endorsed on the immigrant visa indicates that the alien is
subject thereto (e.g., if the second anniversary of the marriage upon which
the immigrant visa is based occurred
after the issuance of the visa and prior
to the alien’s application for admission) the endorsement on the visa shall
be corrected and the alien shall be admitted as a lawful permanent resident
without conditions, if otherwise admissible.
(c) Expired conditional permanent resident status. The lawful permanent resident alien status of a conditional resident automatically terminates if the
conditional basis of such status is not
removed by the Service through approval of a Form I–751, Petition to Remove the Conditions on Residence or,
in the case of an alien entrepreneur (as
defined in section 216A(f)(1) of the Act),
Form I–829, Petition by Entrepreneur
to Remove Conditions. Therefore, an
alien who is seeking admission as a returning resident subsequent to the second anniversary of the date on which
conditional residence was obtained (except as provided in § 211.1(b)(1) of this
chapter) and whose conditional basis of
such residence has not been removed
pursuant to section 216(c) or 216A(c) of
the Act, whichever is applicable, shall
be placed under removal proceedings.
However, in a case where conditional
residence was based on a marriage, removal proceedings may be terminated
and the alien may be admitted as a returning resident if the required Form
I–751 is filed jointly, or by the alien
alone (if appropriate), and approved by
the Service. In the case of an alien entrepreneur, removal proceedings may

be terminated and the alien admitted
as a returning resident if the required
Form I–829 is filed by the alien entrepreneur and approved by the Service.
[62 FR 10360, Mar. 6, 1997]

§ 235.12

Global Entry program.

(a) Program description. The Global
Entry program is a voluntary international trusted traveler program consisting of an integrated passenger processing system that expedites the movement of low-risk air travelers into the
United States by providing an alternate inspection process for pre-approved, pre-screened travelers. In order
to participate, a person must meet the
eligibility requirements specified in
this section, apply in advance, undergo
pre-screening by CBP, and be accepted
into the program. The Global Entry
program allows participants expedited
entry into the United States at selected airports identified by CBP at
www.globalentry.gov. Participants will
be processed through the use of CBPapproved technology that will include
the use of biometrics to validate identity and to perform enforcement queries.
(b) Program eligibility criteria—(1) Eligible individuals. The following individuals, who hold a valid, machine-readable passport, a valid, machine-readable U.S. Lawful Permanent Resident
Card (Form I–551), or other appropriate
travel document as determined by
CBP, may apply to participate in Global Entry:
(i) U.S. citizens, U.S. nationals, and
U.S. lawful permanent residents absent
any of the disqualifying factors described in paragraph (b)(2) of this section.
(ii) Certain nonimmigrant aliens
from countries that have entered into
arrangements with CBP concerning
international trusted traveler programs absent any of the disqualifying
factors described in paragraph (b)(2) of
this section, and subject to the conditions set forth in the particular arrangement. Individuals from a country
that has entered into such an arrangement with CBP may be eligible to
apply for participation in Global Entry
only after CBP announces the arrangement by publication of a notice in the

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Department of Homeland Security

§ 235.12

FEDERAL REGISTER. The notice will include the country, the scope of eligibility of nonimmigrant aliens from
that country (e.g., whether only citizens of the foreign country or citizens
and non-citizens are eligible) and other
conditions that may apply based on the
terms of the arrangement. CBP may
change or terminate these arrangements without prior notice to the public, but will announce such actions as
soon
as
practicable
on
www.globalentry.gov and by publication
of a notice in the FEDERAL REGISTER.
(iii) Persons under the age of 18 who
meet the eligibility criteria of paragraph (b)(1)(i) or (ii) of this section
must have the consent of a parent or
legal guardian to participate in Global
Entry and provide proof of such consent in accordance with CBP instructions.
(2) Disqualifying factors. An individual
is ineligible to participate in Global
Entry if CBP, at its sole discretion, determines that the individual presents a
potential risk for terrorism, criminality (such as smuggling), or is otherwise not a low-risk traveler. This risk
determination will be based in part
upon an applicant’s ability to demonstrate past compliance with laws,
regulations, and policies. Reasons why
an applicant may not qualify for participation include:
(i) The applicant provides false or incomplete information on the application;
(ii) The applicant has been arrested
for, or convicted of, any criminal offense or has pending criminal charges
or outstanding warrants in any country;
(iii) The applicant has been found in
violation of any customs, immigration,
or agriculture regulations, procedures,
or laws in any country;
(iv) The applicant is the subject of an
investigation by any federal, state, or
local law enforcement agency in any
country;
(v) The applicant is inadmissible to
the United States under applicable immigration laws or has, at any time,
been granted a waiver of inadmissibility or parole;
(vi) The applicant is known or suspected of being or having been engaged
in conduct constituting, in preparation

for, in aid of, or related to terrorism;
or
(vii) The applicant cannot satisfy
CBP of his or her low-risk status or
meet other program requirements.
(c) Participating airports. The Global
Entry program allows participants expedited entry into the United States at
the
locations
identified
at
www.globalentry.gov. Expansions of the
Global Entry program to new airports
will be announced by publication in the
FEDERAL
REGISTER
and
at
www.globalentry.gov.
(d) Program application. (1) Each applicant must complete and submit the
program
application
electronically
through an approved application process as determined by CBP. The application and application instructions for
the Global Entry program are available
at www.globalentry.gov.
(2) Each applicant must pay a non-refundable fee in the amount set forth at
8 CFR 103.7(b)(1)(ii)(M) for ‘‘Global
Entry’’ at the time of application. The
fee is to be paid to CBP at the time of
application through the Federal Government’s on-line payment system,
Pay.gov or other CBP-approved process.
(3) Every applicant accepted into
Global Entry is accepted for a period of
5 years provided participation is not
suspended or terminated by CBP prior
to the end of the 5-year period. Each
applicant may apply to renew participation up to one year prior to the close
of the participation period.
(4) Each applicant may check the status of his or her application through
his or her account with the application
system in use for Global Entry.
(e) Interview and enrollment. (1) After
submitting the application, the applicant will be notified by CBP to schedule an in-person interview at a Global
Entry enrollment center.
(2) Each applicant must bring to the
interview with CBP the original of the
identification document specified in
his or her application. During the
interview, CBP will collect biometric
information from the applicant (e.g., a
set of ten fingerprints and/or digital
photograph) to conduct background
checks or as otherwise required for participation in the program.

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§ 235.12

8 CFR Ch. I (1–1–13 Edition)

(3) CBP may provide for alternative
enrollment procedures, as necessary, to
facilitate enrollment and ensure an applicant’s eligibility for the program.
(f) Valid machine-readable passport or
valid lawful permanent resident card.
Each participant must possess a valid,
machine-readable passport, a valid,
machine-readable U.S. Lawful Permanent Resident Card (Form I–551), or
other appropriate travel document as
determined by CBP.
(g) Arrival procedures. In order to utilize the Global Entry program upon arrival in the United States, each participant must:
(1) Use the Global Entry kiosk and
follow the on-screen instructions;
(2) Declare all articles being brought
into the United States pursuant to 19
CFR 148.11. A Global Entry participant
will be redirected to the nearest open
passport control primary inspection
station if the participant declares any
of the following:
(i) Commercial merchandise or commercial samples, or items that exceed
the applicable personal exemption
amount;
(ii) More than $10,000 in currency or
other monetary instruments (checks,
money orders, etc.), or foreign equivalent in any form; or
(iii) Restricted/prohibited goods, such
as agricultural products, firearms,
mace, pepper spray, endangered animals, birds, controlled substances, fireworks, Cuban goods, and plants.
(h) Application for entry, examination
and inspection. Each successful use of
Global Entry constitutes a separate
and completed inspection and application for entry by the participant on the
date that Global Entry is used. Pursuant to the enforcement provisions of 19
CFR Part 162, Global Entry participants may be subject to further CBP
examination and inspection at any
time during the arrival process.
(i) Pilot participant enrollment. Upon
implementation of the Global Entry
Program, participants in the Global
Entry pilot will be automatically enrolled in the Global Entry Program for
5 years from the date of enrollment in
the pilot.
(j) Denial, removal and suspension.
(1) If an applicant is denied participation in Global Entry, CBP will notify

the applicant of the denial, and the
reasons for the denial. CBP will also
provide instructions regarding how to
proceed if the applicant wishes to seek
additional information as to the reason
for the denial.
(2) A Global Entry participant may
be suspended or removed from the program for any of the following reasons:
(i) CBP, at its sole discretion, determines that the participant has engaged
in any disqualifying activities under
the Global Entry program as outlined
in § 235.12(b)(2);
(ii) CBP, at its sole discretion, determines that the participant provided
false information in the application
and/or during the application process;
(iii) CBP, at its sole discretion, determines that the participant failed to
follow the terms, conditions and requirements of the program;
(iv) CBP, at its sole discretion, determines that the participant has been arrested or convicted of a crime or otherwise no longer meets the program eligibility criteria; or
(v) CBP, at its sole discretion, determines that such action is otherwise
necessary.
(3) CBP will notify the participant of
his or her suspension or removal in
writing. Such suspension or removal is
effective immediately.
(4) An applicant or participant denied, suspended, or removed does not
receive a refund, in whole or in part, of
his or her application processing fee.
(k) Redress. An individual whose application is denied or whose participation is suspended or terminated has
three possible methods for redress.
These processes do not create or confer
any legal right, privilege or benefit on
the applicant or participant, and are
wholly discretionary on the part of
CBP. The methods of redress are:
(l) Enrollment center. The applicant/
participant may contest his or her denial, suspension or removal by writing
to the enrollment center where that individual’s interview was conducted.
The enrollment center addresses are
available at www.globalentry.gov. The
letter must be received by CBP within
30 calendar days of the date provided as
the date of suspension or removal. The
individual should write on the envelope
‘‘Redress Request RE: Global Entry.’’

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Department of Homeland Security

§ 236.1

The letter should address any facts or
conduct listed in the notification from
CBP as contributing to the denial, suspension or removal and why the applicant/participant believes the reason for
the action is invalid. If the applicant/
participant believes that the denial,
suspension or revocation was based
upon inaccurate information, the individual should also include any reasonably available supporting documentation with the letter. After review, CBP
will inform the individual of its redress
decision. If the individual’s request for
redress is successful, the individual’s
eligibility to participate in Global
Entry will resume immediately.
(2) DHS Traveler Redress Inquiry Program (DHS TRIP). The applicant/participant may choose to initiate the redress process through DHS TRIP. An
applicant/participant seeking redress
may obtain the necessary forms and information to initiate the process on
the
DHS
TRIP
Web
site
at
www.dhs.gov/trip, or by contacting DHS
TRIP by mail at the address on this
Web site.
(3) Ombudsman. Applicants (including
applicants who were not scheduled for
an interview at an enrollment center)
and participants may contest a denial,
suspension or removal by writing to
the CBP Trusted Traveler Ombudsman
at the address listed on the Web site
www.globalentry.gov.
[77 FR 5690, Feb. 6, 2012]

PART 236—APPREHENSION AND
DETENTION OF INADMISSIBLE
AND DEPORTABLE ALIENS; REMOVAL OF ALIENS ORDERED REMOVED

wreier-aviles on DSK5TPTVN1PROD with CFR

Subpart A—Detention of Aliens Prior to
Order of Removal
Sec.
236.1 Apprehension, custody, and detention.
236.2 Confined aliens, incompetents, and minors.
236.3 Detention and release of juveniles.
236.4 Removal of S–5, S–6, and S–7 nonimmigrants.
236.5 Fingerprints and photographs.
236.6 Information regarding detainees.
236.7–236.9 [Reserved]

Subpart B—Family Unity Program
236.10 Description of program.
236.11 Definitions.
236.12 Eligibility.
236.13 Ineligible aliens.
236.14 Filing.
236.15 Voluntary departure and eligibility
for employment.
236.16 Travel outside the United States.
236.17 Eligibility for Federal financial assistance programs.
236.18 Termination of Family Unity Program benefits.
AUTHORITY: 5 U.S.C. 301, 552, 552a; 8 U.S.C.
1103, 1182, 1224, 1225, 1226, 1227, 1231, 1362; 18
U.S.C. 4002, 4013(c)(4); 8 CFR part 2.
SOURCE: 62 FR 10360, Mar. 6, 1997, unless
otherwise noted.

Subpart A—Detention of Aliens
Prior to Order of Removal
§ 236.1 Apprehension, custody, and detention.
(a) Detainers. The issuance of a detainer under this section shall be governed by the provisions of § 287.7 of this
chapter.
(b) Warrant of arrest—(1) In general.
At the time of issuance of the notice to
appear, or at any time thereafter and
up to the time removal proceedings are
completed, the respondent may be arrested and taken into custody under
the authority of Form I–200, Warrant of
Arrest. A warrant of arrest may be
issued only by those immigration officers listed in § 287.5(e)(2) of this chapter
and may be served only by those immigration officers listed in § 287.5(e)(3) of
this chapter.
(2) If, after the issuance of a warrant
of arrest, a determination is made not
to serve it, any officer authorized to
issue such warrant may authorize its
cancellation.
(c) Custody issues and release procedures—(1) In general. (i) After the expiration of the Transition Period Custody Rules (TPCR) set forth in section
303(b)(3) of Div. C of Pub. L. 104–208, no
alien described in section 236(c)(1) of
the Act may be released from custody
during removal proceedings except pursuant to section 236(c)(2) of the Act.
(ii) Paragraph (c)(2) through (c)(8) of
this section shall govern custody determinations for aliens subject to the
TPCR while they remain in effect. For

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