Summary
The applicant, a 46-year-old linguist and recruiter originally from Kosovo, became a U.S. citizen in 1997 and has worked for the U.S. Government for about 10 years. He maintains contact with his elderly parents and a brother in Kosovo but has strong emotional ties to his family in the U.S. The judge found that the applicant's family members do not pose a security risk, and he has demonstrated a commitment to U.S. interests, leading to the granting of his security clearance under Guideline B.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant's parents are citizens and residents of Serbia and Montenegro, currently residing in Kosovo. His father is 76 and retired in 1992. His mother is 72 and has been a homemaker all of her life. Neither has ever had any connection with the foreign government (1.a). Applicant's two brothers are citizens and residents of Serbia and Montenegro, currently residing in Kosovo. One brother is a medical doctor and the other is in business. Neither has ever had any connection with the foreign government (1.b). Applicant sends about $200 to $300 per month to his parents in Serbia and Montenegro. During 2003 and 2004, the amounts have been $50 to 100 per month. The parents are financially well off. The money has been a "token of appreciation" and ended in June 2004, when Applicant purchased a new house in State A (1.c). Applicant lived part-time (on company business) resided in Kosovo, (1) Serbia and Montenegro from about August 1999 to December 2000, but he retained his residence in State A. Applicant had worked for the an agency of the U.S. Government since 1990 and was asked by the Government to help develop radio and television in post war Kosovo (1.d).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 6(a). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b). The decision turned on the following: The applicant has maintained his residence in the U.S. despite extensive travel to Kosovo for work; His family members in Kosovo have no connections to the foreign government and are not sympathetic to it; The applicant has a history of service to U.S. interests and has been recognized for his contributions.
Why the Applicant Prevailed
- The applicant has maintained his residence in the U.S. despite extensive travel to Kosovo for work.
- His family members in Kosovo have no connections to the foreign government and are not sympathetic to it.
- The applicant has a history of service to U.S. interests and has been recognized for his contributions.
Conditions Referenced
- AG ¶ 6(a)raisedForeign Influence
- AG ¶ 8(a)appliedForeign InfluenceThe applicant's family members do not constitute an unacceptable security risk.
- AG ¶ 8(b)appliedForeign InfluenceThe applicant's family members are not agents of a foreign power.
Key Rule Quoted
“A security risk may exist when [members of] an individual's immediate family . . . are (1) not citizens of the United States or (2) may be subject to duress.”
Procedural Posture
- SOR issuedApr 5, 2005
- Answer filedApr 22, 2005
- Hearing held—Decision made on written record.
- Decision dateDec 5, 2005
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Consideration of Family Ties in Security Clearance Determinations
- Applicant's Demonstrated Loyalty and Service to U.S. Interests