In our last post, we discussed the issue of former Red Notice subjects facing difficulty upon entry to the United States, even though their Red Notices had been removed. Today’s focus is on whether to apply for one and when to do so.

How do I know if I could benefit from a Redress Control Number?

A Redress Control Number is not required to travel and will not be granted to everyone who applies. In many instances, however, travelers may have encountered issues that have hampered their travel experience even though they have resolved old criminal charges and/or had a Red Notice removed. The TSA offers the following travel-related issues that may qualify an individual for a redress control number:

• Being denied permission to travel;
• Encountering delays in boarding an aircraft;
• Having difficulty printing a boarding pass at a ticket kiosk or online;
• Repeatedly being referred to a second screening by U.S. Customs and Border Protection;
• Being advised by a Customs and Border Protection agent of the need to update your fingerprints, and
• Being informed that the Federal Government is not authorizing you to travel or enter the country.

If someone is consistently experiencing any of the above situations, a Redress Control Number may be useful. Receiving a Redress Control Number does not guarantee that you may not experience additional screening when traveling but that it is less likely to occur.

When should I apply for a Control Number?

We have seen in our practice that it takes some time for databases to be updated after we have assisted a client in removing a Red Notice or resolving another criminal matter. Based on this experience, we recommend waiting at least three months after a case is resolved to take any action that relies on the related data to be removed from a system. Additionally, many people will have no difficulty upon re-entry to the U.S. after their cases are resolved. Therefore, it is not recommended that one apply immediately after a case is resolved; it simply may not be necessary.

On the other hand, if a person has allowed ample time for the respective databases to be updated and has still experienced repeated difficulties upon entering the U.S., it is likely time to seek a Redress Control Number. Information on that process can be found at https://www.dhs.gov/redress-control-numbers or by contacting our office for assistance in applying for a Redress Control Number.

As always, thoughts and comments are welcomed.

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