Summary
This case concerns a 60-year-old U.S. citizen and electrical engineer who sought to retain his security clearance, which was challenged under Guideline B (Foreign Influence). The Statement of Reasons cited concerns that an immediate family member was a foreign citizen, that the applicant shared living quarters with a person who could pose a risk of foreign influence or duress, and that the applicant had foreign financial interests. These allegations raised Disqualifying Conditions E2.A2.1.2.1 and E2.A2.1.2.2.
The judge ultimately granted the security clearance, applying Mitigating Conditions E2.A2.1.3.1, E2.A2.1.3.3, and E2.A2.1.3.5. The decision was based on several factors. Although the applicant's spouse is a dual citizen with family in Turkey, she has resided in the U.S. for many years and holds her own U.S. security clearance.
Furthermore, the judge determined that the applicant's family members in Turkey were not agents of a foreign power and were unlikely to be exploited. The applicant also demonstrated transparency by consistently informing his employer about his foreign travel and connections. Based on these considerations, the judge concluded that the family ties did not present an unacceptable risk of foreign influence.
Why the Applicant Prevailed
- The applicant's spouse is a dual citizen but has lived in the U.S. for many years and has a U.S. security clearance.
- The family members in Turkey are not agents of a foreign power and are unlikely to be exploited.
- The applicant has maintained transparency with his employer regarding foreign travel and connections.
Conditions Referenced
- E2.A2.1.2.1raisedImmediate Family Member Is a Citizen Of, or Resident In, a Foreign Country.
- E2.A2.1.2.2raisedSharing Living Quarters with a Person Regardless of Their Citizenship Status, If the Potential for Foreign Influence or Duress Exists.
- E2.A2.1.3.1appliedImmediate Family Members Are Not Agents of a Foreign Power or in a Position to Be Exploited.
- E2.A2.1.3.3appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent.
- E2.A2.1.3.5appliedForeign Financial Interests Are Minimal and Not Sufficient to Affect the Individual's Security Responsibilities.
Key Rule Quoted
“A security risk may exist when an individual's immediate family, including cohabitants, and other persons to whom he or she may be bound by affection, influence, or obligation are not citizens of the United States or may be subject to duress.”
Procedural Posture
- SOR issuedOct 19, 2001
- Answer filedOct 31, 2001Applicant acted pro se.
- Hearing heldDec 18, 2001
- Decision dateFeb 25, 2002
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Consideration of Dual Citizenship in Security Clearance Determinations
- Impact of Familial Relationships on Security Clearance Evaluations