ISCR Case 02-14846.h1

Case Headnote

ISCR Case No. 02-14846.h1

grantedSep 24, 2003· Hon. Claude R. Heiny II· hearing

Summary

A 26-year-old naturalized U.S. citizen, originally from Ukraine, was granted a security clearance despite initial concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited her mother's Ukrainian citizenship and residency, as well as an aunt and uncle who are citizens and residents of Russia. Additionally, the applicant's sister, stepmother, and stepsister are Ukrainian citizens residing in the U.S. The applicant also provided financial assistance to her mother, and the initial allegations included possession and/or use of a foreign passport.

Disqualifying conditions related to foreign influence and preference were raised. However, the judge applied several mitigating conditions. The applicant demonstrated a clear commitment to the U.S. by destroying her Ukrainian passport, thereby renouncing foreign citizenship. She further solidified this commitment by petitioning for her mother to immigrate to the U.S.

Ultimately, the judge determined that the applicant's actions demonstrated loyalty to the U.S. and that her family members in Ukraine and Russia did not pose a credible security risk. Consequently, the security clearance was granted.

Why the Applicant Prevailed

The Applicant destroyed her Ukrainian passport, demonstrating a willingness to renounce foreign citizenship.
She has petitioned for her mother to immigrate to the U.S., indicating a commitment to her life in the U.S.
The Applicant's family members in Ukraine and Russia do not pose a credible security risk.

Conditions Referenced

Disqualifying

E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport
E2.A2.1.2.1raisedAn Immediate Family Member, or a Person to Whom the Individual Has Close Ties of Affection or Obligation, Is a Citizen Of, or Resident or Present In, a Foreign Country

Mitigating

E2.A3.1.3.4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship
E2.A2.1.3.1appliedA Determination That the Immediate Family Member(s) Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power
E2.A2.1.3.3rejectedContact and Correspondence with Foreign Citizens Are Casual and InfrequentThe Applicant's contact with her mother and sister is not infrequent.
E2.A2.1.3.1appliedA Determination That the Immediate Family Member(s) Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power

Key Rule Quoted

“"Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of the national security."”
— Directive ¶ E2.2.2

Procedural Posture

SOR issuedMay 23, 2003
Answer filedJun 5, 2003Applicant elected to decide on the written record.
Hearing held—No hearing; decided on written record.
Decision dateSep 24, 2003

Cite For

Mitigation of Foreign Preference Concerns Through Renunciation of Foreign Citizenship
Consideration of Family Ties in Foreign Influence Cases
Impact of Financial Support to Foreign Relatives on Security Clearance Decisions

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	The applicant's mother is a citizen of Ukraine and resides there.	For Applicant	Parent in Foreign Country Immediate Family	Ukraine	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Documented Foreign Assets Divested
2.b	The applicant's sister, stepmother, and stepsister are Ukrainian citizens living in the U.S.	For Applicant	Sibling in Foreign Country Immediate Family	Ukraine	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Documented Deep U.S. Ties
2.c	The applicant's aunt and uncle are citizens and residents of Russia.	For Applicant	Extended Family in Foreign Country Extended Family	Russia	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Documented Contact Disclosed to Authorities
2.d	The applicant provides financial assistance to her mother.	For Applicant	Financial Support to Foreign Relative Immediate Family	Ukraine	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Documented Financial Event Outside Control
2.e–2.g	3 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant	Unspecified Foreign Relationship Other	—		—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

The applicant's mother is a citizen of Ukraine and resides there.

For Applicant

Parent in Foreign Country

Immediate Family

Ukraine

Admitted

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Documented

Foreign Assets Divested

2.b

The applicant's sister, stepmother, and stepsister are Ukrainian citizens living in the U.S.

For Applicant

Sibling in Foreign Country

Immediate Family

Ukraine

Admitted

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Documented

Deep U.S. Ties

2.c

The applicant's aunt and uncle are citizens and residents of Russia.

For Applicant

Extended Family in Foreign Country

Extended Family

Russia

Admitted

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Documented

Contact Disclosed to Authorities

2.d

The applicant provides financial assistance to her mother.

For Applicant

Financial Support to Foreign Relative

Immediate Family

Ukraine

Admitted

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Documented

Financial Event Outside Control

2.e–2.g

3 sub-charges — specific text not stated in this decision (for the applicant).

For Applicant

Unspecified Foreign Relationship

Other

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Possession and/or use of a foreign passport.	For Applicant	Foreign Passport Possession or Use	Admitted	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Possession and/or use of a foreign passport.

For Applicant

Foreign Passport Possession or Use

Admitted

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

Claimed

Other

Loading case…

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

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES