Summary
The applicant, a 59-year-old male married to a Philippine national, faced allegations under Foreign Influence, Personal Conduct, and Financial Considerations. He admitted to financial delinquencies, including failing to file tax returns for several years, which raised significant security concerns. The administrative judge denied the security clearance based on the applicant's foreign connections and unresolved financial issues, while ruling in favor of the applicant on the Personal Conduct guideline.
Under Guideline B (Foreign Influence), Guideline E (Personal Conduct), and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant admits that he is married to a Philippine national, which fact is also reflected on his SF-86 (1.a). At the request of the Royal Saudi Air Force, Applicant was terminated from his advisory position in the Kingdom of Saudi Arabia, and subsequently removed from that country in 2018. However, all of the supporting documentation indicate that Applicant was the victim of an attack by one of his students (2.a). Applicant denies that he failed to file his Federal income tax returns for tax years 2011~2017. However, he admitted these delinquencies on his January 2019 SF-86. Applicant has failed to refute his own sworn admissions (3.a). Applicant denies that he has a past-due debt to Creditor B in the amount of about $390. This delinquency is reflected on the Government’s two 2019 credit reports (3.b). Applicant denies that he has a past-due debt to Creditor C, as the result of a court judgment, in the amount of about $11,241. This delinquency is reflected by court documents (3.c).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), AG ¶ 7(e), AG ¶ 19(a), AG ¶ 19(b), AG ¶ 19(f). The decision turned on the following: The applicant admitted to being married to a foreign national, raising concerns under Foreign Influence; The applicant failed to file Federal income tax returns for seven years and had significant outstanding debts, which were not mitigated.
Why the Applicant Was Denied
- The applicant admitted to being married to a foreign national, raising concerns under Foreign Influence.
- The applicant failed to file Federal income tax returns for seven years and had significant outstanding debts, which were not mitigated.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Member
- AG ¶ 7(b)raisedConnections to a Foreign Person Creating Potential Conflict of Interest
- AG ¶ 7(e)raisedShared Living Quarters with a Foreign National
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(b)raisedUnwillingness to Satisfy Debts
- AG ¶ 19(f)raisedFailure to File Income Tax Returns
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJan 13, 2021
- Answer filedMay 11, 2021
- Hearing held—Decided on the written record without a hearing.
- Decision dateJan 12, 2023
Cite For
- Security Concerns Related to Foreign Influence Due to Marriage to a Foreign National
- Financial Delinquencies Impacting Security Clearance Eligibility
- The Importance of Resolving Financial Obligations for Security Clearance Approval