Summary
A 53-year-old naturalized U.S. citizen, originally from Bosnia and Herzegovina, was granted a security clearance despite concerns under Guideline B (Foreign Influence). The Statement of Reasons cited her contacts with family members who are citizens and residents of Bosnia and Herzegovina, including her father, husband, and sister-in-law. Additionally, she maintained contact with a half-brother residing in Serbia and siblings in Germany. The applicant had also traveled to Bosnia and Herzegovina to visit her father and husband and maintained telephonic contact with her father approximately three times a year.
Disqualifying Condition 7(a) was raised, which addresses foreign contacts that could create a foreign influence concern. However, the judge applied Mitigating Conditions 8(c), 1, and 2.
The clearance was granted because the applicant's relationships with her foreign family members were found to be casual and infrequent, thus not posing a security risk. Her strong ties to the U.S. were evidenced by her U.S. citizenship since 2004 and residency since 1998. Furthermore, her children are U.S. citizens who have established successful lives in the United States.
Why the Applicant Prevailed
- The applicant's relationships with foreign family members were deemed casual and infrequent, negating security concerns.
- She has been a U.S. citizen since 2004 and has resided in the U.S. since 1998, demonstrating strong ties to the country.
- The applicant's children are also U.S. citizens and have established their own successful lives in the U.S.
Conditions Referenced
- DC 7(a)raisedContact with a Foreign Family MemberThe applicant has contact with her father, a citizen of Bosnia and Herzegovina, which raised concerns of foreign influence.
- MC 8(c)appliedCasual and Infrequent ContactThe applicant's contact with foreign citizens is so casual and infrequent that it is unlikely to create a risk for foreign influence.
- MC 1appliedU.S. Citizenship and ResidenceThe applicant has been a U.S. citizen since 2004 and has lived in the U.S. since 1998.
- MC 2appliedFamily Ties to the U.S.The applicant's children are U.S. citizens and have established their lives in the U.S.
Key Rule Quoted
“The sole purpose of a security clearance decision is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”
Procedural Posture
- SOR issuedJul 31, 2008
- Answer filedSep 22, 2008
- Hearing heldFeb 13, 2009
- Decision dateApr 20, 2009
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Importance of U.S. Citizenship and Residence in Security Clearance Decisions
- Casual Contact with Foreign Relatives as a Mitigating Factor