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Summary

The applicant, a 41-year-old male with a history of financial issues and extramarital affairs, faced security clearance denial under Guidelines B (Foreign Influence), D (Sexual Behavior), E (Personal Conduct), and F (Financial Considerations). The judge found that the applicant's significant delinquent debts, familial ties in the Philippines, and failure to report an extramarital affair with a foreign citizen raised substantial security concerns that were not mitigated by any evidence of responsible behavior or financial management.

Under Guideline B (Foreign Influence), Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant admitted that his wife, two children, his stepchild, father-in-law, and mother-in-law are citizens and residents of the Philippines (2.a). In his Answer to SOR ¶ 2.b, Applicant denied owning the property, but offered no explanation for his denial (2.b). Applicant admitted the allegation in SOR ¶ 2.c, and denied the allegation in SOR ¶ 2.d, which is inconsistent with his previous admission (3.a). In SOR ¶ 4.a, the Government cross-alleged under this guideline the allegations in SOR ¶¶ 1.m, 1.n, 2.c, and 2.d. As noted above, Applicant admitted all allegations, except SOR ¶ 2.d, to which he gave an answer inconsistent with a previous admission, and without an explanation (4.a). Applicant admitted owing the debts in SOR ¶¶ 1.a ($25,016); 1.c ($2,494); 1.d ($1,336); 1.e ($1,260); 1.g ($463); 1.i ($337); 1.k ($3,759); and 1.l ($13,694). They total $48,359. Applicant did not submit evidence to prove they are paid or being paid (1.a). Applicant denied owing the debts in SOR ¶¶ 1.b ($7,456); 1.f ($1,228); 1.h ($436); and 1.j ($336). He presented proof that he resolved the $7,456 debt in SOR ¶ 1.b (1.b). Applicant admitted owing the debts in SOR ¶¶ 1.a ($25,016); 1.c ($2,494); 1.d ($1,336); 1.e ($1,260); 1.g ($463); 1.i ($337); 1.k ($3,759); and 1.l ($13,694). They total $48,359. Applicant did not submit evidence to prove they are paid or being paid (1.c).

The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), AG ¶ 7(c), AG ¶ 16(e)(1), AG ¶ 18(a), AG ¶ 19(c). The decision turned on the following: The applicant admitted to delinquent debts totaling over $57,000, which he failed to resolve; He acknowledged familial ties in the Philippines, raising foreign influence concerns; The applicant had an extramarital affair with a foreign citizen and did not report it, complicating his case.

Why the Applicant Was Denied

• The applicant admitted to delinquent debts totaling over $57,000, which he failed to resolve.
• He acknowledged familial ties in the Philippines, raising foreign influence concerns.
• The applicant had an extramarital affair with a foreign citizen and did not report it, complicating his case.

Conditions Referenced

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

• SOR issuedJul 5, 2022
• Answer filedJul 13, 2022Applicant requested a decision on the written record.
• Hearing held—Decision made based on written record.
• Decision dateMar 23, 2023

Cite For

• Failure to Mitigate Financial Considerations Under Guideline F
• Foreign Influence Concerns Due to Familial Ties Under Guideline B
• Disqualifying Conditions Related to Sexual Behavior Under Guideline D