Summary
A 41-year-old naturalized U.S. citizen and defense contractor, originally from Jamaica, was granted a security clearance despite initial concerns under Guideline C (Foreign Preference) and Guideline F (Financial Considerations). The Statement of Reasons cited his possession of a Jamaican passport, issued in 2007, after becoming a U.S. citizen in 2011. Additionally, he faced multiple financial allegations, including a bank judgment for $657, a medical judgment for $1,904, a state judgment for $3,948, and a hospital judgment for $49,391. Two collection accounts for $2,468 and $1,006 were also noted.
The applicant successfully mitigated these concerns. For financial considerations, he demonstrated a clear intent to resolve his debts, with most now paid or otherwise resolved. His current credit report showed no new delinquencies, indicating improved financial stability.
Regarding foreign preference, the applicant surrendered his Jamaican passport, thereby eliminating the security concern. Based on these mitigating actions, the judge found that the applicant had addressed the initial concerns, and his eligibility for a security clearance was granted.
Why the applicant prevailed
- The applicant demonstrated a clear intent to resolve his financial debts, with most debts paid or resolved.
- He surrendered his foreign passport, eliminating concerns regarding foreign preference.
- The applicant's current credit report shows no new delinquencies, indicating financial stability.
Conditions referenced
- F.19(a)raisedInability or Unwillingness to Satisfy Debts
- F.19(c)raisedA History of Not Meeting Financial Obligations
- C.10(a)(1)raisedPossession of a Current Foreign Passport
- F.20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- F.20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- F.20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem And/or There Are Clear Indications That the Problem Is Being Resolved or Is Under Control
- F.20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- C.11(a)appliedDual Citizenship Is Based Solely on Parents’ Citizenship or Birth in a Foreign Country
- C.11(e)appliedThe Passport Has Been Destroyed, Surrendered to the Cognizant Security Authority, or Otherwise Invalidated
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedNov 13, 2015
- Answer filedJan 2, 2016
- Hearing heldMay 25, 2016
- Decision dateJul 29, 2016
Cite for
- Mitigation of Financial Considerations Under Guideline F Due to Responsible Actions Taken by the Applicant
- Surrender of Foreign Passport as a Mitigating Factor Under Guideline C
- Application of the Whole-person Concept in Security Clearance Determinations.