Summary
The applicant, a 38-year-old registered nurse married to a U.S. Navy member, faced allegations under Guidelines F (Financial Considerations) and B (Foreign Influence). The applicant successfully mitigated concerns regarding financial issues and foreign contacts, leading to a decision to grant eligibility for a public trust position.
Under Guideline B (Foreign Influence) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant’s father-in-law is a dual national of the Philippines and the United States, and resides in the Philippines (2.a). Applicant’s two older brothers are citizens and residents of the Philippines (2.b). Applicant’s aunt is a citizen and resident of the Philippines (2.c). Applicant and her husband own undeveloped property in the Philippines worth about $60,000 (2.d). Applicant denies that she had her husband failed to file their 2013 Federal income tax returns in a timely fashion (1.a). Applicant denies that she had a past-due debt to a cable provider in the amount of about $322 (1.b). Applicant denies that she had a past-due debt to a department store in the amount of about $299 (1.c). Applicant denies that she is delinquent on her student loans that total about $16,922 (1.d). Applicant denies that she had a past-due credit card debt in the amount of about $8,228 (1.f). Applicant denies that she is delinquent on another student loan for about $11,817 (1.g). Applicant denies that she had past-due credit card debts totaling about $1,442 (1.h). Applicant denies that she had a past-due credit card debt in the amount of about $715 (1.j).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19 (a), AG ¶ 19 (f), AG ¶ 7 (a), AG ¶ 7 (b), AG ¶ 7 (f). The judge applied mitigating conditions AG ¶ 20 (a), AG ¶ 20 (d), AG ¶ 20 (g), AG ¶ 8 (a), AG ¶ 8 (c), AG ¶ 8 (f). The decision turned on the following: The applicant demonstrated a good-faith effort to comply with tax laws, having filed a late return due to misunderstanding; All alleged debts were settled or had zero balances, showing responsible financial management; The applicant's foreign contacts were infrequent and posed minimal risk, with no connections to the Philippine government.
Why the Applicant Prevailed
- The applicant demonstrated a good-faith effort to comply with tax laws, having filed a late return due to misunderstanding.
- All alleged debts were settled or had zero balances, showing responsible financial management.
- The applicant's foreign contacts were infrequent and posed minimal risk, with no connections to the Philippine government.
Conditions Referenced
- AG ¶ 19 (a)raisedInability to Satisfy Debts
- AG ¶ 19 (f)raisedFailure to File or Fraudulently Filing Annual Federal, State, or Local Income Tax Returns
- AG ¶ 7 (a)raisedContact with Foreign Family Members
- AG ¶ 7 (b)raisedConnections to a Foreign Person That Create a Potential Conflict of Interest
- AG ¶ 7 (f)raisedSubstantial Business, Financial, or Property Interests in a Foreign Country
- AG ¶ 20 (a)appliedBehavior Occurred Long Ago or Under Unlikely Circumstances to Recur
- AG ¶ 20 (d)appliedInitiated and Adhered to a Good-faith Effort to Repay Overdue Creditors
- AG ¶ 20 (g)appliedMade Arrangements with Tax Authority and Is in Compliance
- AG ¶ 8 (a)appliedNature of Relationships with Foreign Persons Unlikely to Create Conflict
- AG ¶ 8 (c)appliedContact with Foreign Citizens Is Infrequent
- AG ¶ 8 (f)appliedValue of Foreign Property Interests Unlikely to Result in Conflict
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJun 21, 2019
- Answer filedJul 3, 2019
- Hearing heldNov 19, 2019
- Decision dateFeb 10, 2020
Cite For
- Mitigation of Financial Issues Under Guideline F
- Infrequent Foreign Contacts Under Guideline B
- Good-faith Efforts in Resolving Debts and Tax Issues