ISCR Case 17-00333.h1

Case Headnote

ISCR Case No. 17-00333.h1

grantedJun 11, 2018· Hon. Stephanie C. Hess· hearing

Summary

A 48-year-old naturalized U.S. citizen, originally from Ukraine, was granted a security clearance despite concerns under Guideline B (Foreign Influence). The Statement of Reasons noted that her parents and four siblings are Ukrainian citizens and residents, with whom she maintains monthly contact. Additionally, the applicant visited her family in Ukraine in 2008 and 2013. Two of her sisters and their families immigrated to the U.S. concurrently with the applicant.

Disqualifying conditions under Guideline B were raised, specifically concerning immediate family members who are citizens of a foreign country and regular contact with foreign citizens. However, the judge applied several mitigating conditions.

The clearance was granted because the applicant has resided in the U.S. for over 20 years and considers it her home. Her naturalization as a U.S. citizen in 2015 demonstrated her commitment to the United States. Crucially, there was no evidence indicating that her family members in Ukraine are involved in political activities, military service, or any other actions that would create a conflict of interest.

Why the Applicant Prevailed

The applicant has lived in the U.S. for over 20 years and considers it her home.
The applicant became a naturalized U.S. citizen in 2015, demonstrating her commitment to the U.S.
There is no evidence that the applicant's family members are involved in activities that would create a conflict of interest.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant has family members who are citizens and residents of Ukraine, creating a potential risk of foreign influence.
AG ¶ 7(b)raisedConnections to Foreign PersonsThe applicant's family ties could create a potential conflict of interest.

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign PersonsThe applicant's family members are not involved in professions that would place her in a position of conflict.
AG ¶ 8(b)appliedMinimal Conflict of InterestThe applicant has deep and longstanding relationships in the U.S. and has lived there for over 20 years.
AG ¶ 8(d)appliedCompliance with Reporting RequirementsThe applicant properly disclosed her foreign contacts during her background investigation.

Key Rule Quoted

“The mere possession of ties with family in a foreign country is not, as a matter of law, disqualifying under Guideline B.”
— ISCR Case No. 03-02382 at 5 (App. Bd. Feb. 15, 2006)

Procedural Posture

SOR issuedMar 8, 2017
Answer filedMar 16, 2017Applicant requested a decision on the record without a hearing.
Hearing held—No hearing was held; decision made on the record.
Decision dateJun 11, 2018

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Consideration of Family Ties in Security Clearance Determinations
Impact of Naturalization on Security Clearance Eligibility

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 parents and four siblings are citizens and residents of Ukraine.	For Applicant	Parent in Foreign Country Immediate Family	Ukraine 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	(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. (d) contacts/activities on U.S. Government business or agency-approved	Credited Deep U.S. Ties Claimed Other
1.b	Applicant has monthly contact with her family members.	For Applicant	Parent in Foreign Country Immediate Family	Ukraine 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	(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. (d) contacts/activities on U.S. Government business or agency-approved	Credited Deep U.S. Ties Claimed Other
1.c	Two of Applicant’s sisters and their families immigrated to the United States when Applicant did.	For Applicant	Sibling in Foreign Country Immediate Family	Ukraine 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	(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. (d) contacts/activities on U.S. Government business or agency-approved	Credited Deep U.S. Ties Claimed Other
1.d	Applicant visited her family in Ukraine in 2008 and 2013.	For Applicant	Parent in Foreign Country Immediate Family	Ukraine 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	(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. (d) contacts/activities on U.S. Government business or agency-approved	Credited Deep U.S. Ties Claimed Other

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s parents and four siblings are citizens and residents of Ukraine.

For Applicant

Parent in Foreign Country

Immediate Family

Ukraine

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

(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.

(d) contacts/activities on U.S. Government business or agency-approved

Credited

Deep U.S. Ties

Claimed

Other

1.b

Applicant has monthly contact with her family members.

For Applicant

Parent in Foreign Country

Immediate Family

Ukraine

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

(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.

(d) contacts/activities on U.S. Government business or agency-approved

Credited

Deep U.S. Ties

Claimed

Other

1.c

Two of Applicant’s sisters and their families immigrated to the United States when Applicant did.

For Applicant

Sibling in Foreign Country

Immediate Family

Ukraine

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

(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.

(d) contacts/activities on U.S. Government business or agency-approved

Credited

Deep U.S. Ties

Claimed

Other

1.d

Applicant visited her family in Ukraine in 2008 and 2013.

For Applicant

Parent in Foreign Country

Immediate Family

Ukraine

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

(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.

(d) contacts/activities on U.S. Government business or agency-approved

Credited

Deep U.S. Ties

Claimed

Other

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Case Profile

Summary

Why the Applicant Prevailed

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