Summary
The applicant, a 33-year-old U.S. citizen originally from Bulgaria, faced security clearance denial under Guidelines B (foreign influence) and C (foreign preference) due to her close ties with family in Bulgaria and her dual citizenship. Despite her claims of prioritizing U.S. allegiance, the judge found that her relationships posed a heightened risk of foreign influence and potential coercion, leading to the denial of access to sensitive information.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Applicant’s father and mother are citizens and residents of Bulgaria (1.a). Applicant’s spouse is a citizen of the Slovak Republic (1.b). Applicant has dual citizenship with Bulgaria and the United States (2.a). Applicant traveled to Bulgaria using her Bulgarian passport in 2004, 2005, 2006, and 2008 (2.b). In her August 3, 2011 Office of Personnel Management (OPM) personal subject interview (PSI), Applicant said she had a 'small allegiance' to the country of Bulgaria (2.c). Applicant voted in a Bulgarian parliamentary election in 2005 before she became a U.S. citizen (2.d).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), AG ¶ 7(d). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b), AG ¶ 8(c). The decision turned on the following: The applicant has close family ties to Bulgaria, creating a heightened risk of foreign influence; The applicant expressed a small allegiance to Bulgaria, which raised concerns about divided loyalties; The applicant's dual citizenship and potential for foreign preference were significant factors in the denial.
Why the Applicant Was Denied
- The applicant has close family ties to Bulgaria, creating a heightened risk of foreign influence.
- The applicant expressed a small allegiance to Bulgaria, which raised concerns about divided loyalties.
- The applicant's dual citizenship and potential for foreign preference were significant factors in the denial.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
- AG ¶ 7(d)raisedSharing Living Quarters with a Foreign Citizen
- AG ¶ 8(a)rejectedNature of Relationships with Foreign PersonsThe applicant's close relationships with her parents and spouse were deemed to create a risk of foreign influence.
- AG ¶ 8(b)rejectedMinimal Conflict of Interest Due to Loyalty to the U.S.The applicant's connections to her family in Bulgaria were significant enough to raise concerns.
- AG ¶ 8(c)rejectedCasual and Infrequent Contact with Foreign CitizensFrequent communication with her parents in Bulgaria was not considered casual.
Key Rule Quoted
“The mere possession of close family ties with a family member living in a foreign country is not, as a matter of law, disqualifying under Guideline B.”
Procedural Posture
- SOR issuedAug 27, 2012
- Answer filedSep 22, 2012Requested decision without a hearing.
- Hearing held—Decision made without a hearing.
- Decision dateJan 23, 2013
Cite For
- Foreign Influence Concerns Due to Family Ties Under Guideline B
- Foreign Preference Issues Related to Dual Citizenship Under Guideline C
- Impact of Familial Relationships on Security Clearance Determinations