When U.S. Customs and Border Protection (CBP) seizes currency, the process of getting it back through a petition for remission of forfeiture can sometimes be slow and unpredictable. There’s no guaranteed timeline, and delays are common. However, hiring an experienced customs attorney can significantly improve your chances of a faster and more favorable outcome.
⏳ How Long Does Customs Take to Decide a Petition?
CBP has no fixed deadline to decide a petition. In some cases, it may take months or even years. The U.S. Supreme Court addressed this issue in U.S. v. Von Neumann, 474 U.S. 242 (1986), where it was suggested that the Administrative Procedures Act might offer a remedy for unreasonable delays.
Although a 120-day decision deadline was proposed in the past, CBP rejected it, stating:
“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
🧾 Why Does It Take So Long?
Several factors contribute to delays:
- Jurisdictional review based on the value of the seized currency (amounts less than $100,000 are decided local at the port; more than $100,000 is decided by Customs Headquarters in Washington D.C.)
- Fact-checking against the seizing officer’s report.
- Legal analysis of alleged violations.
- Requests for additional documentation if the petition is incomplete.
- Referral to other agencies like Homeland Security Investigations (HSI) or Immigration and Customs Enforcement (ICE) for technical review or financial investigations.
Sometimes, HSI or ICE may request an interview with the petitioner — which is generally not advisable without legal counsel.
🐢 Everyday Delays That Impact Decision Time
Even routine issues can slow things down:
- High volume of pending petitions.
- Staff absences (vacation, illness).
- Staff incompetence.
- Shifts in enforcement priorities.
- Government shutdowns.
Some ports are faster than others. For example:
- Fastest: Detroit, Houston, Cleveland, Tampa
- Slowest: New York, Miami, Chicago, Atlanta, Dallas-Fort Worth, Charlotte, St. Louis
- Average: Los Angeles, San Francisco, Newark, Phoenix, Laredo, San Diego
📄 What Is a Hold Harmless & Release Agreement?
Before CBP returns your money, you must sign a Hold Harmless and Release Agreement, which waives your right to sue the government over the seizure. It includes language like:
“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.”
This agreement is required under 19 U.S.C. § 1618, which gives CBP broad discretion to impose conditions on remission or mitigation. It functions similarly to a settlement agreement, providing finality to the case.
Explore the Full Process of Currency Seizure & Recovery
To learn more about what happens after a seizure, how penalties are assessed, and how you can recover your funds, visit our comprehensive guide:
👉 A CBP Money Seizure Lawyer’s Guide to Recovering Seized Cash
Don’t navigate this process alone—get informed and take action.
⌛Take Back Control of Your Money Today
Don’t let a Customs money seizure derail your travel plans or financial stability. At Great Lakes Customs Law, we understand the stress and complexity of currency seizures. With years of experience on almost 700 cases, we’re here to guide you through the legal process and fight for your rights.
💵Act Now to Protect Your Cash
- Contact Us for a Free Consultation: Let’s discuss your case and explore your legal options. We’ll listen to your story, understand your needs, and develop a tailored strategy to recover your seized money.
- Gather Your Documentation: Start collecting relevant documents—such as bank statements, tax returns, and travel records. We’ll evaluate this to determine the best way forward for you.
- Stay Informed and Prepared: We’ll keep you updated on your case and provide the tools and knowledge you need to make informed decisions.
🕛Don’t Delay – Every Moment Counts
If your cash has been seized by Customs, time is critical. Contact us immediately to take the first step toward resolving your case and reclaiming your money.
📞 Call us at (734) 855-4999
💬 Text or WhatsApp us for quick support
📝 Fill out our contact form to get started