Officer Mitigates Foreign Influence Concerns and Regains TS/SCI Clearance

MIDWEST:  Military officer was granted Top Secret (TS) clearance by DoD CAF, then redesigned to the Intelligence Community, and was issued Letter of Intent (LOI)/Statement of Reasons (SOR) to deny access to Sensitive Compartmented Information (SCI), clearance, and assignment to sensitive positions due to Adjudicative Guideline B – Foreign Influence due to parents and siblings being citizens and, in some instances, residents of a foreign nation whose interests have been determined to be inimical to those of the United States, and for those who are not such residents, because of frequent travels to such country and maintaining contacts with  citizens/residents of that country.  After the respective Service revoked the SCI and collateral TS clearance, client retained JAG Defense to assist with reapplication after denial.  We prepared an extensive package which sufficiently mitigated the concerns, resulting in the client regaining the TS/SCI clearance/access.

Category: Security Clearance Success Stories

Client successfully mitigates concerns from substantial number of foreign contacts in obtaining clearance after a previous denial.

MIDDLE ATLANTIC:  Defense contractor had previously had clearance denied under Adjudicative Guidelines A – Allegiance to United States; and C – Foreign Preference (although factually it was actually B – Foreign Influence).  After retaining JAG Defense for an Application for a clearance through a different Agency, and despite having close and continuing contact with dozens of foreign nationals from a nation whose historical interests have been considered inimical to those of the United States, client was successful in obtaining a clearance through the efforts of our office.

Category: Security Clearance Success Stories

Foreign Influence of Spouse Currently Enrolled in Foreign Military Does Not Preclude Security Clearance

NEW ENGLAND:  Defense contractor issued Statement of Reasons (SOR) under Adjudicative Guideline B – Foreign Influence as result of husband, husband’s parents, brother, and grandmother being citizens of a foreign country, with all but husband still residing in that foreign country, whereas husband is resident of the United States, but still enrolled in the military Reserves of that country.  Clearance granted based upon the Applicant’s long-standing sense of loyalty to the United States and the Applicant can be expected to resolve any conflict of interest in favor of the United States.

Category: Security Clearance Success Stories

Active Duty Officer Lives with Foreign National, Fails to Protect Classified Info – Retains Clearance

EUROPE:  Active duty Officer issued Letter of Intent (LOI)/Statement of Reasons (SOR) with allegations raised under Adjudicative Guidelines B – Foreign Influence, E – Personal Conduct, and K – Handling Protected Information and contained in a six-page SOR related to relationships with approximately a dozen foreign nationals, including cohabitation with a foreign national while still married, failure to promptly report changes in the relationship with the cohabitant, disclosure of the officer’s military status on assignment both in person and through social media websites, failure to properly protect classified information in several instances through both failure to maintain possession and improper removal from an authorized place, questions being raised about the officer’s judgment.  After responding to the SOR the Consolidated Adjudication Facility for the officer’s service granted the clearance without the necessity of a Personal Appearance.

Category: Security Clearance Success Stories

Clearance Granted for Active Duty Officer Despite Significant Bureaucratic Errors by Command

EUROPE:  Client active duty officer issued Letter of Intent (LOI)/Statement of Reasons (SOR) under Adjudicative Guidelines: B – Foreign Influence, C – Foreign Preference, E – Personal Conduct, and F – Financial Considerations, based upon being identified in a Federal Bureau of Investigation (FBI) file regarding suspected provision of false statements to a financial institution for a loan to purchase property; failing to list all relatives in the SF86 Questionnaire for National Security Positions, denying possession of a passport from another country when a dual national, failure to disclose required negative financial information, as well as a number of Tax Liens and Collection accounts totaling in excess of $110,000.00, and being subject for both Foreign Preference and Foreign Influence.  The case presented one of the most complex procedural situations based upon the command’s failure to properly process paperwork resulting in conflicting guidance between the Central Adjudication Facility and the Defense Office of Hearings and Appeals concerning the status of the adjudication, however, based upon the written submission prepared to respond to the SOR the clearance was eventually granted.

Category: Security Clearance Success Stories

Security Clearance Granted to Naturalized US Couple of Middle Eastern Descent

WASHINGTON, DC – Applicant is a naturalized U.S. citizen from Middle East country considered hostile to U.S. interests with combat occurring in that country at time application for clearance submitted. Applicant denied clearance based on Guidelines: B – Foreign Influence (immediate family members residing in and citizens of foreign country); E – Personal Conduct (failure to disclose material facts regarding immediate family members from foreign country of birth of applicant); and, J – Criminal Conduct (based on Guideline E conduct determined to be a violation of 18 U.S.C. section 1001). Applicant’s Spouse denied clearance based on Guideline B – Foreign Influence (immediate family of spouse reside in and citizens of foreign country. Scheduled both hearings consecutively to reduce costs and obtained resolution of all issues “For the Applicant” resulting in GRANTING OF SECURITY CLEARANCES to both the Applicant and U.S. citizen by birth spouse.

Category: Security Clearance Success Stories

Security Clearance Application Approved Due to Application Reliability

WASHINGTON, DC – Applicant’s Statement of Reasons was based upon (Guideline B – Foreign Influence) parents and grandmother are residents and citizens of Hong Kong. Applicant traveled to Hong Kong on at least six occasions between 1997 and 1999. Evidence presented at hearing regarding parents permanent U.S. resident status and their intent to immigrate to U.S. along with testimony of applicant’s reliability and trustworthiness, immigration and citizenship of numerous applicant and applicant’s spouse siblings and birth of applicant’s child in U.S. Result: Decision for Applicant granting security clearance.

Category: Security Clearance Success Stories

Applicant’s Frequent Use of Foreign Passport Favorably Resolved

SOUTHEAST – Applicant’s Statement of Reasons was based upon (Guideline B – Foreign Influence) parents and six siblings being residents and citizens of Republic of Korea and applicant has monthly contact with them. Applicant also traveled to the Republic of Korea on numerous occasions between 1999 and 2002 as well as residing in Republic of Korea from 1995 to 1998. During hearing additional issue concerning use of foreign passport subsequent to naturalization as U.S. citizen was raised and favorably resolved. Decision for Applicant granting security clearance.

Category: Security Clearance Success Stories

Dept. of Justice Employee Cleared from Failure to Secure Classified Material Concerns

CENTRAL AMERICA – Applicant employed by Department of Justice in the Bureau of Alcohol, Tobacco, Firearms and Explosives at an overseas U.S. Embassy. Received Letter of Intent to revoke clearance based on: Guideline B – ; Guideline E – Personal Conduct for record of misconduct to include dishonesty in provision of information related to periodic review of clearance regarding that previous misconduct which resulted in a revocation of applicant’s clearance; and Guideline K – Security Violation for a failure to secure classified material. After submission of response to letter of intent, CLEARANCE GRANTED without necessity of appearance before Access Review Committee.

Category: Security Clearance Success Stories

Applicant’s Reputable Honesty Results in Security Clearance

PACIFIC – Applicant’s Statement of Reasons was based upon (Guideline B – Foreign Influence) parents and brother are citizens of the People’s Republic of China (PRC) and reside in Hong Kong; sister, parents-in-law and sister-in-law are citizens of the PRC and Reside in the PRC; Applicant maintains regular contact with parents and parents-in-law; Applicant traveled to PRC and Applicant worked as an engineer for a University in the PRC. Evidence presented at hearing showed Applicant and Applicant’s spouse are naturalized U.S. citizens, have significant ties in U.S. and that political and economic persecution of Applicant’s family by government of PRC, along with Applicant’s strong reputation for honesty and trustworthiness resulted in finding it was consistent with National Security for Applicant to have clearance. Result: FOR THE APPLICANT, clearance granted.

Category: Security Clearance Success Stories