Summary
A 53-year-old naturalized U.S. citizen, originally from Russia, sought a security clearance under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). Concerns were raised regarding his foreign ties, specifically that his mother and spouse's mother are citizens and residents of Russia, and his son is a Russian citizen living and working in the U.S. Additionally, the applicant possessed a Russian passport and had not initially relinquished it.
Disqualifying conditions under Guideline B, paragraphs 7(a) and 7(b), were considered. However, the applicant demonstrated strong mitigating factors. He showed strong ties to the U.S. through his education, employment in the defense industry, and home ownership. He also relinquished his expired Russian passport and expressed a willingness to renounce his Russian citizenship.
The applicant further clarified that his family members in Russia are not associated with the government and have limited contact with him. The judge ultimately granted the security clearance, concluding that the applicant's relationships did not pose a significant risk to national security, applying mitigating conditions under Guideline B, paragraphs 8(a), 8(b), and 8(c).
Why the Applicant Prevailed
- The applicant demonstrated strong ties to the U.S. through his education, employment, and home ownership.
- He relinquished his expired Russian passport and expressed a willingness to renounce his Russian citizenship.
- The applicant's family members in Russia are not associated with the government and have limited contact with him.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant has family members who are citizens of Russia, which raises concerns about potential foreign influence.
- AG ¶ 7(b)raisedConnections to Foreign PersonsThe applicant's relationships with foreign family members create a potential conflict of interest.
- AG ¶ 8(a)appliedNature of Relationships with Foreign PersonsThe applicant's relationships are unlikely to place him in a position of conflict between U.S. interests and foreign interests.
- AG ¶ 8(b)appliedMinimal Conflict of InterestThe applicant has deep and longstanding relationships and loyalties in the U.S.
- AG ¶ 8(c)appliedCasual and Infrequent ContactThe applicant's contact with foreign relatives is infrequent and casual.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedMar 24, 2016
- Answer filedApr 8, 2016
- Hearing heldJul 11, 2017
- Decision dateSep 28, 2017
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Impact of Family Ties on Security Clearance Decisions
- Criteria for Evaluating Foreign Preference Under Guideline C