Summary
The applicant, a 41-year-old aircraft mechanic and U.S. citizen originally from Ethiopia, faced security concerns under Guideline B (Foreign Influence) and Guideline F (Financial Considerations). While the applicant successfully mitigated the foreign influence concerns due to limited contact with family in Ethiopia and strong ties to the U.S., he failed to mitigate significant financial issues, including over $19,000 in delinquent debts. Consequently, his application for a security clearance was denied.
Under Guideline B (Foreign Influence) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant’s mother, father, two brothers, two sisters, parents-in-law, and brother-in-law are citizens and residents of Ethiopia (1.a). Applicant’s uncle and friend are citizens and residents of Ethiopia, and they are employed by governmental agricultural offices (1.b). Applicant sent about $10,000 to his spouse in Ethiopia between 2012 and 2016 (1.c). Applicant sent another $10,000 to his brother in Ethiopia between 2010 and 2016 (1.d). Applicant has contact with his parents and brother by phone about 7-12 times per year (1.e). Applicant maintains contact with his in-laws about four times per year, and with his friend about twice per year, but not since 2015 (1.f). Applicant resolved credit card debts alleged in SOR ¶ 2.b and 2.h (2.b). Applicant has over $19,000 in delinquent debts (2.a). Most of the debts remain unresolved (2.c). He is disputing a collection account in SOR ¶ 1.g, but did not provide evidence of the dispute (2.d). He also stated that he has entered into a payment plan on another credit card debt alleged in SOR ¶ 2.f, but did not provide evidence of payments made under the plan (2.e). The remaining SOR debts have not been paid or otherwise resolved (2.f). His most recent credit report lists two debts totaling over $4,200 that are not listed in the SOR (2.g). Applicant resolved credit card debts alleged in SOR ¶ 2.b and 2.h (2.h).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b), AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d), AG ¶ 20(e). The decision turned on the following: The applicant has over $19,000 in unresolved delinquent debts, raising questions about financial responsibility; The applicant did not provide sufficient evidence of a plan to address his financial issues.
Why the Applicant Prevailed
- The applicant mitigated foreign influence concerns due to limited contact with family in Ethiopia.
- The applicant demonstrated strong ties to the U.S. through family, employment, and home ownership.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 8(a)appliedNature of Relationships with Foreign Persons
- AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong U.S. Ties
- AG ¶ 20(a)rejectedBehavior Occurred Under Circumstances Unlikely to Recur
- AG ¶ 20(b)rejectedConditions Beyond Control Caused Financial Problems
- AG ¶ 20(c)rejectedReceiving Financial Counseling
- AG ¶ 20(d)rejectedGood-faith Effort to Repay Debts
- AG ¶ 20(e)rejectedDisputing Legitimacy of Debts
Key Rule Quoted
“[N]o one has a ‘right’ to a security clearance.”
Procedural Posture
- SOR issuedMay 18, 2017
- Answer filedJun 3, 2017
- Hearing heldNov 16, 2017Record held open for additional exhibits.
- Decision dateMay 8, 2018
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Financial Irresponsibility as a Disqualifying Factor Under Guideline F
- The Importance of Demonstrating a Plan to Address Financial Obligations