ISCR Case 16-01544.h1

Case Headnote

ISCR Case No. 16-01544.h1

grantedJun 21, 2017· Hon. Philip S. Howe· hearing

Summary

A 35-year-old naturalized U.S. citizen, originally from Romania, sought a security clearance for a linguist position. Concerns were raised under Guideline B (Foreign Influence) and Guideline C (Foreign Preference) due to her familial ties in Romania and her dual citizenship. The Statement of Reasons noted that her mother, father, and brother are Romanian citizens residing in Romania, and her father is a retired Romanian Army colonel who previously served at SHAPE in Belgium. The applicant communicates with her mother daily, her father weekly, and her brother monthly.

Further allegations included her voting in the Romanian presidential election in November 2014 and maintaining a Romanian bank account, which she closed in 2015 upon returning to the U.S. Her son is a native-born U.S. citizen, fluent in both English and Romanian, who prefers the United States.

The judge ultimately GRANTED the security clearance. The decision highlighted the applicant's clear preference for the United States, her strong dedication to the country, and her willingness to renounce her Romanian citizenship. She had also severed significant ties to Romania, including closing her bank account and surrendering her Romanian passport, mitigating concerns that her familial connections would create a conflict of interest.

Why the Applicant Prevailed

The applicant is a naturalized U.S. citizen who has expressed a clear preference for the United States over Romania.
She has severed significant ties to Romania, including closing her Romanian bank account and surrendering her Romanian passport.
The applicant's familial connections do not create a conflict of interest due to her strong dedication to the U.S.

Conditions Referenced

Disqualifying

AG ¶ 10(a)raisedApplying for And/or Acquiring Citizenship in Any Other Country
AG ¶ 10(b)raisedFailure to Report Possession of a Passport or Identity Card Issued by Any Country Other Than the United States
AG ¶ 10(a)raisedContact with Foreign Family Members

Mitigating

AG ¶ 11(b)appliedDual Citizenship Based Solely on Parental Citizenship or Birth in a Foreign Country, and No Evidence of Foreign Preference
AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Unlikely to Create a Conflict of Interest
AG ¶ 8(b)appliedNo Conflict of Interest Due to Strong Ties to the U.S.
AG ¶ 8(f)appliedValue of Foreign Business Interests Unlikely to Result in a Conflict

Key Rule Quoted

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

Procedural Posture

SOR issuedJul 8, 2016
Answer filedJul 18, 2016
Hearing heldMar 14, 2017
Decision dateJun 21, 2017

Cite For

Mitigation of Foreign Preference Concerns Under Guideline C
Evaluation of Familial Ties and Their Impact on Security Clearance Under Guideline B
Whole-person Concept in Security Clearance Determinations

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
2.a	Applicant has three family members who are citizens of and resident in Romania, where she was born.	For Applicant	Parent in Foreign Country Immediate Family	Romania	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
2.b	Applicant's father is a retired colonel in the Romanian Army. Her father attended the U.S. Army Armor School at Ft. Knox, Kentucky, and then served as a military staff member at the Supreme Headquarters Allied Powers Europe (SHAPE) in Belgium for four years.	For Applicant	Parent in Foreign Country Immediate Family GOVT-AFFILIATED	Romania	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
2.c	Her son is a native-born U.S. citizen who is fluent in English and Romanian. He prefers the United States.	For Applicant	Unspecified Foreign Relationship Immediate Family	Romania	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
2.d	Applicant speaks by telephone or email to her mother daily, her father weekly, and her brother monthly.	For Applicant	Sibling in Foreign Country Immediate Family	Romania	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
2.e	While living in Romania she opened a Romanian bank account while she lived there so that she had an account into which she could deposit the child support money sent to her by her former husband. She closed that account in 2015, when she returned to the United States.	For Applicant	Foreign Bank Account or Investment Financial or Property Interest	Romania	Denied	(f) substantial foreign business, financial, or property interests	(f) foreign interests are minimal and could not be used to influence	Credited Foreign Assets Divested

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant has three family members who are citizens of and resident in Romania, where she was born.

For Applicant

Parent in Foreign Country

Immediate Family

Romania

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

2.b

Applicant's father is a retired colonel in the Romanian Army. Her father attended the U.S. Army Armor School at Ft. Knox, Kentucky, and then served as a military staff member at the Supreme Headquarters Allied Powers Europe (SHAPE) in Belgium for four years.

For Applicant

Parent in Foreign Country

Immediate Family

GOVT-AFFILIATED

Romania

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

2.c

Her son is a native-born U.S. citizen who is fluent in English and Romanian. He prefers the United States.

For Applicant

Unspecified Foreign Relationship

Immediate Family

Romania

Denied

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

2.d

Applicant speaks by telephone or email to her mother daily, her father weekly, and her brother monthly.

For Applicant

Sibling in Foreign Country

Immediate Family

Romania

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

2.e

While living in Romania she opened a Romanian bank account while she lived there so that she had an account into which she could deposit the child support money sent to her by her former husband. She closed that account in 2015, when she returned to the United States.

For Applicant

Foreign Bank Account or Investment

Financial or Property Interest

Romania

Denied

(f) substantial foreign business, financial, or property interests

(f) foreign interests are minimal and could not be used to influence

Credited

Foreign Assets Divested

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	While living in Romania she went with her parents and voted in the Romanian presidential election in November 2014.	For Applicant	Foreign Voting	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

While living in Romania she went with her parents and voted in the Romanian presidential election in November 2014.

For Applicant

Foreign Voting

Admitted

—

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Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision