ISCR Case 16-02000.h1

Case Headnote

ISCR Case No. 16-02000.h1

deniedJun 27, 2017· Hon. Candace Le'i Garcia· hearing

Summary

A 39-year-old naturalized U.S. citizen and training manager, originally from Russia, was denied a security clearance due to unresolved foreign influence concerns. The applicant's case was evaluated under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). While issues related to foreign preference were mitigated, the judge determined that her family connections in Russia posed an unacceptable security risk.

The applicant has extensive family ties in Russia, including her mother, stepfather, father, stepmother, half-brother, stepsister, and two stepbrothers. Her mother, a retired teacher, receives a $200 monthly pension and social security benefits in Russia. Her stepfather is a retired KGB member. Her father is also a Russian citizen and resident, believed to receive a pension. Her 28-year-old half-brother owns a company in Russia. The applicant stated she has no relationship with her stepmother, stepsister, or two stepbrothers.

Although the applicant surrendered her Russian passport in December 2014 and destroyed her Russian identification card in January 2016, she had previously obtained Russian citizenship and passports for both her elder and second daughters in 2012 and December 2014, respectively, for travel convenience. The denial was based on the significant family ties in Russia, a country identified as a leading intelligence threat to U.S. interests, which created an unmitigated risk of coercion or manipulation.

Why the Applicant Was Denied

The applicant has significant family ties in Russia, including a mother, stepfather, father, and half-brother, which raised foreign influence concerns.
Russia is identified as a leading state intelligence threat to U.S. interests, increasing the risk of coercion or manipulation of the applicant due to her family connections.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant's relationships with family members in Russia create a heightened risk of foreign exploitation.
AG ¶ 7(b)raisedConnections to Foreign PersonsThe applicant's family ties to Russia create a potential conflict of interest.

Mitigating

AG ¶ 8(a)appliedLoyalty to the U.S.The applicant demonstrated loyalty to the United States and has established her life and family in the U.S.
AG ¶ 8(b)appliedNo Foreign PreferenceThe applicant surrendered her Russian passport and does not consider herself a Russian citizen.

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”

Procedural Posture

SOR issuedSep 16, 2016
Answer filedOct 8, 2016
Hearing heldMay 19, 2017
Decision dateJun 27, 2017

Cite For

Foreign Influence Concerns Due to Family Ties Under Guideline B
Mitigation of Foreign Preference Issues Under Guideline C
Impact of Foreign Intelligence Threats on Security Clearance Decisions

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
1.a	Applicant’s mother is a citizen and resident of Russia. She is a 69-year-old retired teacher. She receives a pension and social security benefits in Russia of $200 monthly.	Against Applicant	Parent in Foreign Country Immediate Family	Russia HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.b	Applicant’s stepfather is a citizen and resident of Russia. He is Applicant’s second stepfather, and her mother’s third husband. Applicant’s stepfather is retired from the KGB.	Against Applicant	In Law in Foreign Country Immediate Family GOVT-AFFILIATED	Russia HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.c	Applicant’s father is a citizen and resident of Russia. Applicant believes he receives a pension, though she is unaware of the details.	Against Applicant	Parent in Foreign Country Immediate Family	Russia HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.d	Applicant’s stepmother is a citizen and resident of Russia. She is a 70-year-old homemaker. Applicant stated that she does not have a relationship with her stepmother.	Against Applicant	In Law in Foreign Country Immediate Family	Russia HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.e	Applicant’s half-brother is a citizen and resident of Russia. He is the son of Applicant’s mother and deceased stepfather. He is 28 years old and owns a company in Russia.	Against Applicant	Sibling in Foreign Country Immediate Family	Russia HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.f	Applicant’s stepsister is a citizen and resident of Russia. She is the daughter of Applicant’s father and stepmother. Applicant stated that she does not have a relationship with her stepsister.	Against Applicant	In Law in Foreign Country Extended Family	Russia HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.g	Applicant’s two stepbrothers, ages 46 and 43, are citizens and residents of Russia. They are her stepfather’s children from a previous relationship. Applicant stated that she has never met or spoken to them.	For Applicant	Sibling in Foreign Country Extended Family	Russia HEIGHTENED RISK	Admitted	—	—	—
1.h	Applicant surrendered her Russian passport, issued to her on June 2014 with an expiration date of June 2024, to her security officer in December 2014.	For Applicant	Failure to Disclose Foreign Association Other	Russia HEIGHTENED RISK	Admitted	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s mother is a citizen and resident of Russia. She is a 69-year-old retired teacher. She receives a pension and social security benefits in Russia of $200 monthly.

Against Applicant

Parent in Foreign Country

Immediate Family

Russia

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

—

1.b

Applicant’s stepfather is a citizen and resident of Russia. He is Applicant’s second stepfather, and her mother’s third husband. Applicant’s stepfather is retired from the KGB.

Against Applicant

In Law in Foreign Country

Immediate Family

GOVT-AFFILIATED

Russia

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

—

1.c

Applicant’s father is a citizen and resident of Russia. Applicant believes he receives a pension, though she is unaware of the details.

Against Applicant

Parent in Foreign Country

Immediate Family

Russia

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

—

1.d

Applicant’s stepmother is a citizen and resident of Russia. She is a 70-year-old homemaker. Applicant stated that she does not have a relationship with her stepmother.

Against Applicant

In Law in Foreign Country

Immediate Family

Russia

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

—

1.e

Applicant’s half-brother is a citizen and resident of Russia. He is the son of Applicant’s mother and deceased stepfather. He is 28 years old and owns a company in Russia.

Against Applicant

Sibling in Foreign Country

Immediate Family

Russia

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

—

1.f

Applicant’s stepsister is a citizen and resident of Russia. She is the daughter of Applicant’s father and stepmother. Applicant stated that she does not have a relationship with her stepsister.

Against Applicant

In Law in Foreign Country

Extended Family

Russia

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

—

1.g

Applicant’s two stepbrothers, ages 46 and 43, are citizens and residents of Russia. They are her stepfather’s children from a previous relationship. Applicant stated that she has never met or spoken to them.

For Applicant

Sibling in Foreign Country

Extended Family

Russia

HEIGHTENED RISK

Admitted

—

1.h

Applicant surrendered her Russian passport, issued to her on June 2014 with an expiration date of June 2024, to her security officer in December 2014.

For Applicant

Failure to Disclose Foreign Association

Other

Russia

HEIGHTENED RISK

Admitted

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	Applicant surrendered her Russian passport, issued to her on June 2014 with an expiration date of June 2024, to her security officer in December 2014. She did so because she understood from her employer that she was required to in order to apply for a DOD security clearance. Upon doing so, Applicant no longer considered herself a Russian citizen. Applicant still had in her possession a Russian identification card issued to her, as required, by the Russian government when she was 20 years old. She held on to the card because she did not understand it had any security implications. She never used it after immigrating to the United States in 1994. She destroyed the card in January 2016, and has no intentions of reapplying for another one.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	—	—
2.b	Applicant applied for and obtained Russian citizenship and a Russian passport for her second daughter in December 2014. Applicant previously applied for and obtained Russian citizenship and a Russian passport for her elder daughter in 2012. Applicant explained that she did so for travel convenience. She stated that neither of her daughters have traveled to Russia on their Russian passports. She indicated that she was unaware her actions would have any security implications, and is willing to have the Russian passports destroyed.	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

Applicant surrendered her Russian passport, issued to her on June 2014 with an expiration date of June 2024, to her security officer in December 2014. She did so because she understood from her employer that she was required to in order to apply for a DOD security clearance. Upon doing so, Applicant no longer considered herself a Russian citizen. Applicant still had in her possession a Russian identification card issued to her, as required, by the Russian government when she was 20 years old. She held on to the card because she did not understand it had any security implications. She never used it after immigrating to the United States in 1994. She destroyed the card in January 2016, and has no intentions of reapplying for another one.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

2.b

Applicant applied for and obtained Russian citizenship and a Russian passport for her second daughter in December 2014. Applicant previously applied for and obtained Russian citizenship and a Russian passport for her elder daughter in 2012. Applicant explained that she did so for travel convenience. She stated that neither of her daughters have traveled to Russia on their Russian passports. She indicated that she was unaware her actions would have any security implications, and is willing to have the Russian passports destroyed.

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES