ISCR Case 04-00972.h1

Case Headnote

ISCR Case No. 04-00972.h1

deniedDec 31, 2005· Hon. Joan Caton Anthony· hearing

Summary

A 41-year-old senior software engineer was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The denial stemmed from his significant familial ties to citizens and residents of the Russian Federation, including his wife, father, sister, half-siblings, and mother-in-law.

Specifically, the applicant was found to have possessed and used a Russian Federation passport after becoming a naturalized U.S. citizen in December 1993 and obtaining a U.S. passport in June 1994. He used his Russian passport to enter Russia in 1997 and twice in 1998. Although he surrendered his expired Russian passports and expressed intent to renounce his Russian citizenship, these actions indicated a preference for the Russian Federation.

The judge concluded that these extensive familial connections to the Russian Federation, combined with his past use of a Russian passport, created an unacceptable risk of coercion or exploitation, potentially compromising classified information and U.S. national security. Therefore, the security clearance was denied.

Why the Applicant Was Denied

The applicant's wife and several family members are citizens and residents of the Russian Federation, raising security concerns under Guideline B.
The applicant used his Russian Federation passport after becoming a U.S. citizen, indicating a preference for the Russian Federation over the U.S. under Guideline C.
The applicant's familial ties to the Russian Federation could lead to coercion or exploitation, compromising U.S. national security.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedForeign Influence - Family Ties to Foreign Citizens
E2.A2.1.2.2raisedForeign Influence - Cohabitant Is a Foreign Citizen
E2.A3.1.2.1raisedForeign Preference - Preference for a Foreign Country
E2.A3.1.2.2raisedForeign Preference - Possession And/or Use of a Foreign Passport

Mitigating

E2.A3.1.3.4appliedForeign Preference - Willingness to Renounce Dual CitizenshipThe applicant expressed a willingness to renounce his dual citizenship and surrendered his expired Russian passports.

Key Rule Quoted

“"No one has a 'right' to a security clearance."”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedMar 1, 2005
Answer filedMay 2, 2005
Hearing heldOct 12, 2005Hearing was continued from August 31, 2005.
Decision dateDec 31, 2005

Cite For

Security Concerns Related to Familial Ties to Foreign Nationals Under Guideline B
Foreign Preference Issues Arising From the Use of Foreign Passports After U.S. Naturalization Under Guideline C
The Impact of Foreign Influence on an Applicant's Loyalty and Potential for Coercion

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 spouse, a citizen of the Russian Federation, resides with him in the U.S.	Against Applicant	Spouse Dual or Foreign Citizen Immediate Family	Russian Federation HEIGHTENED RISK	Admitted	—	—	—
2.b	His father, who maintains U.S. alien registration, is a citizen and resident of the Russian Federation.	Against Applicant	Parent in Foreign Country Immediate Family	Russian Federation HEIGHTENED RISK	Admitted	—	—	—
2.c	His sister is a U.S. citizen residing in the Russian Federation.	Against Applicant	Sibling in Foreign Country Immediate Family	Russian Federation HEIGHTENED RISK	Admitted	—	—	—
2.d	His half-brother and half-sisters are citizens and residents of the Russian Federation.	For Applicant	Sibling in Foreign Country Immediate Family	Russian Federation HEIGHTENED RISK	Admitted	—	—	—
2.e	His mother-in-law is a citizen and resident of the Russian Federation.	Against Applicant	In Law in Foreign Country Immediate Family	Russian Federation HEIGHTENED RISK	Admitted	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant's spouse, a citizen of the Russian Federation, resides with him in the U.S.

Against Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Russian Federation

HEIGHTENED RISK

Admitted

—

2.b

His father, who maintains U.S. alien registration, is a citizen and resident of the Russian Federation.

Against Applicant

Parent in Foreign Country

Immediate Family

Russian Federation

HEIGHTENED RISK

Admitted

—

2.c

His sister is a U.S. citizen residing in the Russian Federation.

Against Applicant

Sibling in Foreign Country

Immediate Family

Russian Federation

HEIGHTENED RISK

Admitted

—

2.d

His half-brother and half-sisters are citizens and residents of the Russian Federation.

For Applicant

Sibling in Foreign Country

Immediate Family

Russian Federation

HEIGHTENED RISK

Admitted

—

2.e

His mother-in-law is a citizen and resident of the Russian Federation.

Against Applicant

In Law in Foreign Country

Immediate Family

Russian Federation

HEIGHTENED RISK

Admitted

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant was issued a passport in June 1998 from the Russian Federation, that he possessed that passport as of December 18, 2003, and that the passport expired in July 2003	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	Documented Other
1.b	Applicant applied for and was issued a Russian passport in July 1998 even though he became a naturalized U.S. citizen in December 1993 and had a valid U.S. passport issued in June 1994	For Applicant	Foreign Citizenship Acquisition or Application	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	Documented Other
1.c	Applicant used his Russian passport instead of his U.S. passport to enter Russia in 1997 and twice in 1998	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	Documented Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant was issued a passport in June 1998 from the Russian Federation, that he possessed that passport as of December 18, 2003, and that the passport expired in July 2003

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

Documented

Other

1.b

Applicant applied for and was issued a Russian passport in July 1998 even though he became a naturalized U.S. citizen in December 1993 and had a valid U.S. passport issued in June 1994

For Applicant

Foreign Citizenship Acquisition or Application

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

Documented

Other

1.c

Applicant used his Russian passport instead of his U.S. passport to enter Russia in 1997 and twice in 1998

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

Documented

Other

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES