Summary
A 35-year-old naturalized U.S. citizen, originally from Cuba and working as an electrician, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline F (Financial Considerations). The Statement of Reasons cited a $125,000 past-due mortgage, 12 delinquent debts included in a Chapter 13 bankruptcy plan, and a $1,229 automobile loan. Additionally, his mother-in-law is a resident citizen of Cuba.
The judge determined that the applicant had responsibly addressed his financial issues. He had entered into a Chapter 13 bankruptcy plan for his delinquent debts and modified his mortgage. These actions demonstrated responsible management of his financial difficulties.
Regarding foreign influence, the judge found that the applicant's foreign family connection did not pose a significant risk of coercion or influence from the Cuban government. His contacts with his mother-in-law were limited, and his commitment to U.S. interests was evident. Consequently, the security clearance was GRANTED.
Why the Applicant Prevailed
- The applicant demonstrated responsible management of financial difficulties through bankruptcy and mortgage modification.
- The applicant's foreign family connection did not present a heightened risk of coercion or influence from the Cuban government.
- The applicant's commitment to U.S. interests was evident, and his contacts with his mother-in-law were limited.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- AG ¶ 20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem and There Are Clear Indications That the Problem Is Being Resolved or Is Under Control
- AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- AG ¶ 7(a)raisedForeign Influence Due to Family Ties
- AG ¶ 7(b)raisedPotential for Manipulation or Coercion Due to Foreign Contacts
- AG ¶ 7(e)raisedSubstantial Business, Financial, or Property Interest in a Foreign Country
- AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- AG ¶ 20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem and There Are Clear Indications That the Problem Is Being Resolved or Is Under Control
- AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“The Government must prove, by substantial evidence, controverted facts alleged in the SOR. If it does, the burden shifts to applicant to refute, extenuate, or mitigate the Government’s case.”
Procedural Posture
- SOR issuedJan 8, 2016
- Answer filed02/2016Timely response requesting decision without hearing.
- Hearing held—Decision issued without hearing.
- Decision dateJun 8, 2017
Cite For
- Mitigation of Financial Difficulties Under Guideline F
- Assessment of Foreign Influence Under Guideline B
- Responsible Management of Debts and Financial Obligations