Summary
A 50-year-old naturalized U.S. citizen, originally from South Sudan, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline F (Financial Considerations). The Statement of Reasons cited the applicant's half-brother, stepbrother, and brother-in-law serving in the South Sudanese Army, and sisters-in-law working for the South Sudan Ministry of Finance. Other family members, including his mother, sister, and in-laws, were noted as citizens of South Sudan residing either there or in Uganda.
Financial concerns stemmed from two Chapter 13 bankruptcy filings in April 2016 and October 2017, with the latter plan confirmed in March 2018. The applicant has since made monthly payments of $3,800, follows a written budget with his wife, and attended credit counseling. They have also timely filed income tax returns for several years and owe no new outstanding income taxes.
The judge determined that the applicant had resolved his financial issues through the confirmed bankruptcy plan and demonstrated a good-faith effort to repay debts. Furthermore, the applicant's familial connections to South Sudan were considered casual and infrequent, and his significant ties to the U.S., including prior military service, mitigated concerns about foreign influence. Ultimately, the security clearance was granted.
Why the Applicant Prevailed
- The applicant resolved financial issues through a confirmed bankruptcy plan and demonstrated a good-faith effort to repay debts.
- The applicant's familial connections to South Sudan were deemed casual and infrequent, reducing the risk of foreign influence.
- The applicant's significant ties to the U.S. and contributions to national security during military service outweighed concerns related to foreign contacts.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(a)appliedBehavior Happened Long Ago or Infrequently
- AG ¶ 20(b)appliedConditions Largely Beyond the Person's Control
- AG ¶ 20(c)appliedReceived Financial Counseling
- AG ¶ 20(d)appliedGood-faith Effort to Repay Debts
- AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Unlikely to Create Conflict
- AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong U.S. Ties
- AG ¶ 8(c)appliedCasual and Infrequent Contact with Foreign Citizens
Key Rule Quoted
“The mere possession of close family ties with a person in a foreign country is not, as a matter of law, disqualifying under Guideline B.”
Procedural Posture
- SOR issuedNov 17, 2018
- Answer filedNov 30, 2018
- Hearing heldMay 15, 2019Hearing convened as scheduled.
- Decision dateAug 27, 2019
Cite For
- Mitigation of Financial Issues Under Guideline F
- Evaluation of Foreign Influence Under Guideline B
- Importance of U.S. Ties in Security Clearance Determinations