Summary
The applicant, a 41-year-old U.S. citizen and defense contractor, faced security concerns under Guideline B due to his wife's Ukrainian citizenship and her family ties in both Ukraine and Russia. The judge found that the applicant's strong ties to the U.S. and limited contact with his foreign relatives mitigated the government's concerns, leading to a granted security clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: that Applicant’s wife is a citizen of the Ukraine, she owns an apartment in Ukraine, and she stands to inherit a second apartment (1.a). that Applicant’s father-in-law and mother-in-law are citizens of Russia residing in Ukraine (1.b). that Applicant’s father-in-law and mother-in-law are citizens of Russia residing in Ukraine (1.c). that Applicant’s aunt is a citizen and resident in Russia (1.d). that Applicant’s wife has two uncles who are citizens and residents of Russia and that one uncle works for a state research and production space center in Russia (1.e). that Applicant’s wife’s cousin and her husband are citizens and residents of Russia (1.f). that Applicant and his wife visit relatives in Ukraine and Russia every other year (1.g).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(d). The judge applied mitigating conditions AG ¶ 8(b), AG ¶ 8(c). The decision turned on the following: Applicant has strong ties to the U.S., including family and property ownership; Applicant has little contact with foreign relatives, reducing the risk of foreign influence; The applicant's loyalty to the U.S. is supported by his military background and professional conduct.
Why the Applicant Prevailed
- Applicant has strong ties to the U.S., including family and property ownership.
- Applicant has little contact with foreign relatives, reducing the risk of foreign influence.
- The applicant's loyalty to the U.S. is supported by his military background and professional conduct.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(d)raisedSharing Living Quarters with a Foreign National
- AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong U.S. Ties
- AG ¶ 8(c)appliedCasual and Infrequent Contact with Foreign Relatives
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedOct 5, 2011
- Answer filedOct 29, 2011
- Hearing heldJan 24, 2012via video teleconference
- Decision dateMar 15, 2012
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Importance of Strong U.S. Ties in Security Clearance Decisions
- Evaluation of Familial Relationships in Security Clearance Cases