One of the most common questions we hear after a currency seizure petition has been filed is: how long will this take? The honest answer is that CBP has no fixed deadline to decide a petition, and timelines vary significantly by port, case complexity, and the amount seized. What you can do is understand what drives the timeline, set realistic expectations, and avoid mistakes that cause unnecessary delays.
CBP Has No Fixed Deadline to Decide a Petition
Unlike many administrative processes, there is no statutory or regulatory deadline by which CBP must decide a petition for remission or mitigation. Decisions can take anywhere from a few months to well over a year. The U.S. Supreme Court addressed this in U.S. v. Von Neumann, 474 U.S. 242 (1986), acknowledging that unreasonable delays might be challengeable under the Administrative Procedure Act — but CBP has explicitly declined to impose a deadline on itself. In rejecting a proposed 120-day decision requirement, CBP stated:
“When a petition is received, an investigation often must be undertaken… particularly if information from foreign sources must be obtained… Customs sees no reason to amend the regulations to place a strict time frame on the processing of petitions.” — 65 FR 53565, dated 9/5/2007
This means patience is a practical requirement, not just a suggestion. That said, the timeline is not entirely outside your control — how well your petition is prepared, whether it requires follow-up requests for documentation, and which port is handling your case all affect how quickly a decision comes.
What Drives the Timeline
Where the Decision Is Made
The single biggest structural factor is the amount of currency seized. Cases involving less than $100,000 are decided at the local port level by the FP&F officer assigned to the case. Cases involving more than $100,000 are referred to CBP Headquarters in Washington, D.C. for decision. Headquarters cases take longer — sometimes significantly longer — than local decisions, because they involve an additional layer of review and a different queue of pending matters.
What CBP Has to Review
Once a petition is received, the FP&F officer conducts a substantive review that typically includes:
- Fact-checking the petition against the seizing officer’s report and any evidence gathered at the time of seizure
- Legal analysis of the alleged violation and applicable mitigation guidelines
- Review of any documentation submitted with the petition — bank statements, tax returns, business records, and other evidence of legitimate source and intended use
- Requests for additional documentation if the petition is incomplete or the supporting evidence is insufficient
- Referral to Homeland Security Investigations (HSI) or other agencies for technical review or financial investigation, if the case warrants it
Cases that are referred to HSI for investigation — which happens more often in bulk cash smuggling or structuring cases than in simple failure-to-report cases — can take substantially longer to resolve. HSI may also request an interview with the petitioner as part of its investigation. Participating in such an interview without legal counsel present is strongly inadvisable. Read more about why you should not speak to CBP or HSI without an attorney.
Operational and Administrative Factors
Beyond the substance of the case, routine operational factors affect how quickly petitions move through the system:
- Volume of pending petitions at the port — some FP&F offices handle significantly higher caseloads than others
- Staffing levels, including vacancies, turnover, and leave
- Shifts in enforcement priorities that redirect FP&F resources
- Government funding lapses or shutdowns, which can pause processing entirely
How Decision Times Vary by Port
Based on our experience handling cases at ports nationwide, decision timelines vary considerably by location. This is a general pattern based on historical experience — individual cases will always vary, and port performance can shift over time:
- Typically faster: Detroit, Houston, Cleveland, Tampa
- Typically slower: New York, Miami, Chicago, Atlanta, Dallas-Fort Worth, Charlotte, St. Louis
- Typically average: Los Angeles, San Francisco, Newark, Phoenix, Laredo, San Diego
If your case is at a slower port and the timeline is becoming unreasonable, there are limited but real options — including correspondence with the FP&F office requesting a status update, and in extreme cases, an argument under the Administrative Procedure Act for unreasonable delay. These strategies are most effective when handled by an attorney with an existing working relationship with the port.
What Happens When CBP Approves Your Petition
When CBP grants remission or mitigation — whether in full or in part — the process is not complete until you sign a Hold Harmless and Release Agreement. This document is required under 19 USC 1618, which gives CBP broad discretion to impose conditions on remission or mitigation. The agreement releases the United States from any and all claims arising from the seizure, detention, and return of the funds. The relevant language typically reads:
“I hereby release and forever discharge the United States… from any and all actions, suits, claims… in connection with the detention, seizure, and/or release of the property.”
Signing this agreement is a condition of receiving your money back. It functions as a final settlement — once signed, you cannot later sue the government over the seizure or the terms of the return. In practice, this is a reasonable trade in the vast majority of cases where the goal is simply to recover the funds as quickly as possible. If you believe you have independent legal claims against the government arising from the seizure — for example, a constitutional challenge to the search — those claims should be evaluated before the Hold Harmless agreement is signed, because signing forfeits them.
What You Can Do to Avoid Unnecessary Delay
While you cannot control CBP’s internal processing timeline, a well-prepared petition reduces the likelihood of delays caused by incomplete submissions or follow-up documentation requests. The most common avoidable sources of delay are:
- Submitting a petition without sufficient documentation of legitimate source and intended use — FP&F officers will request more, adding weeks or months to the timeline
- Providing inconsistent information in the petition compared to statements made at the time of seizure
- Failing to respond promptly to requests for additional information from the FP&F office
- Filing a petition without legal representation, then seeking an attorney after receiving an unfavorable initial decision — starting over at the supplemental petition stage rather than getting it right the first time
The best way to minimize delay is to submit a complete, well-documented petition from the outset. See our guide on what evidence you need to build a strong petition.
Questions About Your Petition Timeline?
Great Lakes Customs Law has handled hundreds of currency seizure petitions at ports nationwide and has direct working relationships with FP&F officers at many of those ports. If your petition has been pending for an extended period or you have questions about where your case stands, call us at (734) 855-4999 or contact us online for a free case review.