Summary
The applicant, a 29-year-old U.S. citizen originally from Russia, faced concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference) due to his family's ties to Russia and Ukraine. The applicant mitigated these concerns by demonstrating a lack of current foreign ties, a willingness to renounce his Russian citizenship, and strong employment references. The Administrative Judge granted eligibility for access to sensitive information.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Applicant’s parents, siblings, and six of his wife’s seven siblings are U.S. citizens and residents. They may also be considered citizens of Russia or Ukraine because they have not formally renounced their former citizenships (2.a). His wife’s parents live in the U.S. as permanent residents. She has seven brothers and sisters. They all now live in the United States. Six of her siblings are U.S. citizens. One sibling is a permanent resident (2.b). Applicant had a Russian passport that was issued in 2002. He traveled to Russia in 2003, before he became a U.S. citizen, to obtain dental work (2.c). He continued to possess the passport after he became a U.S. citizen. He used the Russian passport during a 2006 trip to enter and exit Russia (2.d). He is willing to renounce his Russian citizenship (2.e). possessed and used a Russian passport while a U.S. citizen (1.a). action to obtain recognition of his Russian citizenship (1.b).
The judge granted the clearance. The government raised disqualifying conditions C10(a), C10(b), B7(a), B7(b). The judge applied mitigating conditions C11(b), C11(e), B8(a). The decision turned on the following: Applicant expressed a willingness to renounce his Russian citizenship; The applicant's Russian passport expired, and he has no intention to renew it; Most of the applicant's family members are U.S. citizens or permanent residents, reducing the risk of foreign influence.
Why the Applicant Prevailed
- Applicant expressed a willingness to renounce his Russian citizenship.
- The applicant's Russian passport expired, and he has no intention to renew it.
- Most of the applicant's family members are U.S. citizens or permanent residents, reducing the risk of foreign influence.
Conditions Referenced
- C10(a)raisedPossession of a Current Foreign Passport
- C10(b)raisedAction to Acquire or Obtain Recognition of a Foreign Citizenship
- B7(a)raisedContact with a Foreign Family Member
- B7(b)raisedConnections to a Foreign Person That Create a Potential Conflict of Interest
- C11(b)appliedWillingness to Renounce Dual Citizenship
- C11(e)appliedPassport Has Expired and Not Intended to Be Renewed
- B8(a)appliedNature of Relationships with Foreign Persons Unlikely to Create Conflict
Key Rule Quoted
“The United States has a compelling interest in protecting and safeguarding classified information from any person, organization, or country that is not authorized to have access to it, regardless of whether that person, organization, or country has interests inimical to those of the United States.”
Procedural Posture
- SOR issuedDec 19, 2007
- Answer filedJan 22, 2008
- Hearing heldApr 9, 2008
- Decision dateApr 30, 2008
Cite For
- Mitigation of Foreign Preference Concerns Under Guideline C
- Mitigation of Foreign Influence Concerns Under Guideline B
- Consideration of Family Citizenship Status in Security Clearance Decisions