ISCR Case 10-00660.h1

Case Headnote

ISCR Case No. 10-00660.h1

grantedApr 29, 2011· Hon. Claude R. Heiny II· hearing

Summary

A 40-year-old naturalized U.S. citizen, originally from Russia, sought a security clearance under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The government chose not to proceed under Guideline C. Concerns were raised under Guideline B due to the applicant's family ties in Russia, including his sister, parents, and parents-in-law, who are all Russian citizens and residents. His wife is also a Russian citizen residing with him in the U.S.

The applicant maintained contact with his sister and parents, traveling to Russia in 2003 and 2005, and routinely sending his sister holiday gifts. He also provided financial support to his father for medical bills and a gas line installation. Disqualifying conditions under AG ¶ 7(a), AG ¶ 7(b), and AG ¶ 7(d) were raised, with AG ¶ 7(d) specifically applying to his wife.

However, the judge found that the applicant mitigated these concerns, applying mitigating conditions under AG ¶ 8(a), AG ¶ 8(b), and AG ¶ 8(c). The applicant demonstrated strong ties to the U.S. through his long-term residency, employment with a defense contractor, and his wife's ongoing naturalization process. His commitment to the U.S. was further evidenced by his naturalization, his encouragement of his wife's citizenship, his strong professional reputation, and community involvement. His limited financial support to family in Russia and renunciation of Russian citizenship also mitigated foreign influence concerns. The judge concluded that the applicant's family ties in Russia did not pose a significant risk of coercion or influence, and the security clearance was GRANTED.

Why the Applicant Prevailed

The applicant demonstrated a commitment to the United States by becoming a naturalized citizen and encouraging his wife to pursue citizenship.
The applicant's strong professional reputation and community involvement supported his case for clearance.
The applicant's limited financial support to family in Russia and his renunciation of Russian citizenship mitigated foreign influence concerns.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons
AG ¶ 7(d)raisedSharing Living Quarters with a Foreign National

Mitigating

AG ¶ 8(a)appliedU.S. Citizenship
AG ¶ 8(b)appliedLong-term Residency in the U.S.
AG ¶ 8(c)appliedLimited Financial Support to Foreign Relatives

Key Rule Quoted

“The mere possession of close family ties with a person in a foreign country is not, as a matter of law, disqualifying under Guideline B.”
— ISCR Case No. 03-02382 at 5 (App. Bd. Feb. 15, 2006); ISCR Case No. 99-0424 (App. Bd. Feb. 8, 2001)

Procedural Posture

SOR issuedJun 23, 2010
Answer filedJun 29, 2010
Hearing heldNov 8, 2010
Decision dateApr 29, 2011

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Impact of U.S. Citizenship on Security Clearance Eligibility
Consideration of Family Ties in Foreign Countries in Security Clearance Cases

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
2.a	Applicant’s sister, parents, and parents-in-law are citizens and residents of Russia. His wife is also a Russian citizen who lives with him in the United States.	For Applicant	Parent in Foreign Country Immediate Family	Russia HEIGHTENED RISK	Admitted	(d) counterintelligence information indicating unacceptable risk	—	—
2.b	Applicant has contact with his sister and parents, has a close relationship with them, and traveled to Russia in 2003 and 2005.	For Applicant	Parent in Foreign Country Immediate Family	Russia HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
2.c	The disqualifying condition listed in AG ¶ 7(d) applies to his wife.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Russia HEIGHTENED RISK	Admitted	(d) counterintelligence information indicating unacceptable risk	—	—
2.d	Applicant routinely sends his sister holiday gifts.	For Applicant	Sibling in Foreign Country Immediate Family	Russia HEIGHTENED RISK	Admitted	—	—	—
2.e	Applicant sent his father $5,000 to pay medical bills and some additional funds to have a gas line bought into his parent’s home.	For Applicant	Parent in Foreign Country Immediate Family	Russia HEIGHTENED RISK	Admitted	—	—	—
2.f	Applicant visited Russia in 2003 and 2005.	For Applicant	Unspecified Foreign Relationship Other	Russia HEIGHTENED RISK	Admitted	—	—	—
2.g	Applicant has bi-monthly telephone contact with his parents and weekly or bi-weekly email contact with his sister.	For Applicant	Parent in Foreign Country Immediate Family	Russia HEIGHTENED RISK	Admitted	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant’s sister, parents, and parents-in-law are citizens and residents of Russia. His wife is also a Russian citizen who lives with him in the United States.

For Applicant

Parent in Foreign Country

Immediate Family

Russia

HEIGHTENED RISK

Admitted

(d) counterintelligence information indicating unacceptable risk

—

2.b

Applicant has contact with his sister and parents, has a close relationship with them, and traveled to Russia in 2003 and 2005.

For Applicant

Parent in Foreign Country

Immediate Family

Russia

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

2.c

The disqualifying condition listed in AG ¶ 7(d) applies to his wife.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Russia

HEIGHTENED RISK

Admitted

(d) counterintelligence information indicating unacceptable risk

—

2.d

Applicant routinely sends his sister holiday gifts.

For Applicant

Sibling in Foreign Country

Immediate Family

Russia

HEIGHTENED RISK

Admitted

—

2.e

Applicant sent his father $5,000 to pay medical bills and some additional funds to have a gas line bought into his parent’s home.

For Applicant

Parent in Foreign Country

Immediate Family

Russia

HEIGHTENED RISK

Admitted

—

2.f

Applicant visited Russia in 2003 and 2005.

For Applicant

Unspecified Foreign Relationship

Other

Russia

HEIGHTENED RISK

Admitted

—

2.g

Applicant has bi-monthly telephone contact with his parents and weekly or bi-weekly email contact with his sister.

For Applicant

Parent in Foreign Country

Immediate Family

Russia

HEIGHTENED RISK

Admitted

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The Government chose not to proceed under Guideline C, Foreign Preference.	For Applicant	Unspecified Foreign Preference	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The Government chose not to proceed under Guideline C, Foreign Preference.

For Applicant

Unspecified Foreign Preference

Unknown

—

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES