Summary
A 45-year-old naturalized U.S. citizen, originally from Russia and employed as a senior software engineer, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons specifically noted that the applicant possessed an active Russian passport, which he renewed in 2015.
While the judge determined that the mere possession of a Russian passport did not raise disqualifying conditions, the applicant's close familial ties to Russian citizens were deemed to create significant foreign influence concerns. These relationships raised disqualifying conditions under AG ¶ 7(a), AG ¶ 7(b), and AG ¶ 7(e).
Despite the application of mitigating conditions AG ¶ 8(a), AG ¶ 8(b), and AG ¶ 8(c), the applicant failed to provide sufficient evidence to alleviate the foreign influence concerns. He did not demonstrate that his relationships with foreign family members would not create a conflict of interest, ultimately leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant's familial ties to Russian citizens raised significant foreign influence concerns.
- The applicant failed to provide sufficient evidence to mitigate the foreign influence security concerns.
- The applicant did not demonstrate that his relationships with foreign family members would not create a conflict of interest.
Conditions Referenced
- AG ¶ 7(a)appliedContact with Foreign Family Members
- AG ¶ 7(b)appliedConnections to Foreign Persons Creating Potential Conflict of Interest
- AG ¶ 7(e)appliedShared Living Quarters with Foreign Persons Creating Heightened Risk
- AG ¶ 8(a)rejectedNature of Relationship with Foreign Persons Unlikely to Create ConflictInsufficient evidence regarding the nature of the applicant's relationships with foreign family members.
- AG ¶ 8(b)rejectedNo Conflict of Interest Due to Minimal Loyalty to Foreign PersonsLack of evidence demonstrating minimal loyalty or deep ties to the U.S.
- AG ¶ 8(c)rejectedCasual and Infrequent Contact with Foreign CitizensThe applicant's relationships with foreign family members were not casual or infrequent.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedSep 14, 2015
- Answer filedSep 21, 2015Applicant admitted five of six allegations.
- Hearing held—Determination based on written record.
- Decision dateAug 1, 2018
Cite For
- Evaluation of Foreign Influence Due to Familial Ties Under Guideline B
- Consideration of Dual Citizenship and Foreign Passport Under Guideline C
- Burden of Persuasion on Applicant to Mitigate Security Concerns.