Summary
The Applicant, a 45-year-old naturalized U.S. citizen originally from Latvia, sought a sensitive position despite concerns regarding foreign influence and preference due to her elderly parents residing in Russia. She surrendered her Latvian passport and expressed strong ties to the U.S., leading the judge to conclude that her relationships would not compromise U.S. interests. The application for trustworthiness was granted.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: The Applicant’s elderly, retired parents live in Russia (TR at page 26 lines 5~17, and GX 1 at page 6). Her 71 year old mother, and 74 year old father both worked in the construction sector (TR at page 46 line 18 to page 47 line 19). Her father still does some consulting to a private construction company (Id) (2.a). The Applicant traveled to Latvia in 2000 and in 2005, and to Russia in 2003 (TR at page 27 line 24 to page 28 line 7, and at 29 lines 5~23). She used her Latvian passport, as she was not yet a U.S. citizen (Id). Since becoming a U.S. citizen, she has only used her American passport (TR at page 27 line 24 to page 28 line 7, and at 29 lines 5~23) (2.b). The Applicant traveled to Latvia in 2000 and in 2005, and to Russia in 2003 (TR at page 27 line 24 to page 28 line 7, and at 29 lines 5~23). She used her Latvian passport, as she was not yet a U.S. citizen (Id). Since becoming a U.S. citizen, she has only used her American passport (TR at page 27 line 24 to page 28 line 7, and at 29 lines 5~23) (2.c). The Applicant no longer owns any property in Latvia, as ownership has passed to her adult daughter (TR at page 29 line 24 to page 30 line 8, and at page 40 line 17 to page 43 line 24). The Applicant would report any attempt at coercion vis-a-vis her Russian relatives “to [the] police and . . . [her] employer” (TR at page 26 line 18 to page 27 line 6) (2.d). The Applicant has surrendered her Latvian passport; and although it is not alleged, she has also renounced her Latvian citizenship (1.a).
The judge granted the clearance. The government raised disqualifying conditions C1, B1, B2. The judge applied mitigating conditions C2, C5, B1, B2. The decision turned on the following: The Applicant surrendered her Latvian passport and expressed willingness to renounce her Latvian citizenship; She has longstanding relationships and loyalties in the U.S., making it unlikely she would choose foreign interests over U.S. interests; The nature of her relationship with her parents does not create a conflict of interest with U.S. obligations.
Why the Applicant Prevailed
- The Applicant surrendered her Latvian passport and expressed willingness to renounce her Latvian citizenship.
- She has longstanding relationships and loyalties in the U.S., making it unlikely she would choose foreign interests over U.S. interests.
- The nature of her relationship with her parents does not create a conflict of interest with U.S. obligations.
Conditions Referenced
- C1raisedPossession of a Current Foreign Passport
- B1raisedContact with a Foreign National That Creates a Heightened Risk of Foreign Exploitation
- B2raisedPotential Conflict of Interest Due to Foreign Connections
- C2appliedWillingness to Renounce Dual Citizenship
- C5appliedSurrender of Foreign Passport
- B1appliedNature of Relationship with Foreign Relatives Unlikely to Create Conflict
- B2appliedLongstanding Loyalties to the U.S.
Key Rule Quoted
“The Government must make out a case under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), which establishes doubt about a person's judgment, reliability and trustworthiness.”
Procedural Posture
- SOR issuedApr 4, 2007
- Answer filedApr 25, 2007
- Hearing heldJul 10, 2007
- Decision dateSep 19, 2007
Cite For
- Mitigating Conditions Under Guidelines B and C
- Impact of Foreign Family Ties on Security Clearance
- Surrender of Foreign Passport as a Mitigating Factor