These relatives could come to the attention of Chinese intelligence and become subject to pressure. Can you post a link to language on one of the government websites that specifically addresses this issue? Hey there! The Cleared Brief - Latest security clearance news - delivered monthly. No. SECURITY CLEARANCE DENIED: THE MOST COMMON PITFALLS FOR SECURITY CLEARANCE APPLICATIONS By: Ziran Zhang "There is a strong presumption against granting a security clearance." How Do I Check on My Security Clearance Status? I’d recommend a search at http://www.dol.gov, as well as contacting your Facility Security Officer. In fact, Executive Order 11935 even outlines how foreign workers may be eligible for federal employment: http://cpol.army.mil/library/permiss/681.html. Situation A: STrong Allegiance to the United States but significant Foreign Influence. Under Guideline B, the employee bears the burden to clearly demonstrate that they are not susceptible or vulnerable to foreign influence that could lead to unauthorized theft or disclosure of classified information.  Foreign influence can lead to unauthorized disclosure as the cleared employee may be coerced to provide classified information due to threat to foreign influences (friends, family, in-laws) or from foreign influences (blackmail, elicitation, favors).  Where Guideline A: Allegiance to the United States, may be hard to prove Guideline B: Foreign Influence could be a paired concern. ... Now, I don’t have a problem with weed, but for the sake of obtaining a security clearance in the future, I have to remove myself from any situation in which there might be weed there, as well as disassociate myself from any drug users. The rules regarding foreign influence and security clearance cases are set forth in Security Executive Agent Directive 4 (SEAD 4), Guideline B, which discusses the foreign … And you can't even sail on a submarine without at least a Secret clearance. Ask questions about security clearance process, how to fill out SF86 forms, adjudicative guidelines, security clearance investigations and more. Receive a defensive security briefing. He would function far higher if he left alcohol out of…. The applicant is vulnerable to threats to herself and family members that could bring her to a decision point between loyalty to the U.S. and her concern for her family. Military Secret foreign parents. The “Foreign Influence” criterion under the “Adjudicative Guidelines for Determining Eligibility for Access to Classified Information” affects many security clearance applicants, particularly those who are naturalized U.S. citizens or whose parents immigrated to the U.S. Others who marry (or reside with) a foreign national, who have foreign financial/business interests, or who maintain close and continuing contact with foreigners are also affected. Each time was 1-2weeks. The cusp of the lawsuit rides on whether or not the clearance really was a requirement of the position given two other employees were purported to have continued working after a similar denial. You might not see how your financial history ties into serving the military … Now, SCIF may be a problem if that’s what you mean. An applicant is a U.S. Citizen with an American father and Brazilian mother. … The risk of providing access to classified information to employees with questionable relationships is just too great. 1990), cert. Visit his website, Foreign Adoptions and Your Security Clearance, Foreign Influence and Security Clearances. Interested in discussing 'Can a Foreign-Born Citizen get a Security Clearance?'? The Security Clearance Jobs blog is a great resource! Foreign travel, foreign friends or family members are not, in themselves, a reason to deny a security clearance. For this reason, ClearanceJobs maintains ClearanceJobsBlog.com – a forum where clearance seekers can ask the cleared community for advice on their specific security concerns. Voting in elections and benefiting from the use of a foreign passport could indicate torn allegiance and foreign influence. The attachment portion of 12 FAM Exhibit 275.3-1 contains relevant security-related topics used in evaluating whether continued eligibility for a security clearance is clearly consistent with the interests of national security. Foreign born parents are no impediment to a Top Secret Clearance. I have a parent who has dual citizen with U.S and HK. Financial Considerations. Additionally, the terrorist activity in Iraq poses a heightened risk that that could lead to coercion. I have visited for vacation with my parents to HK twice in the last 7years or so. Sign up! The Concern: Having close ties with individuals who are not citizens … To hold security clearance you must go through a process called national security vetting, which is a series of background checks to assess … As a reminder, these guidelines form the investigative and adjudicative foundation of which security clearance decisions are made. The applicant also maintained relationships with Brazilian relatives and married a Brazilian woman who has since applied for U.S. citizenship. This article is the second in a series covering the Thirteen Adjudicative Guidelines. I signed up to join the navy for a job that requires just a secret clearance. Non-US citizens are not eligible for a personnel security clearance. I’m not aware of any regulation prohibiting a non-US citizen (but authorized worker) who is an authorized worker from working for a company that does cleared work. The job requires secret clearance. The “Foreign Influence” criterion (Guideline B) under the “National Security Adjudicative Guidelines” affects many security clearance applicants, particularly those who are naturalized U.S. citizens or whose parents immigrated to the U.S. Others who marry (or reside with) a foreign national, who have foreign financial/business interests, or who maintain close and continuing contact … Question. They continue to provide the same service during the cleared employees continuous evaluation phase and periodic reinvestigations for security clearance updates and maintenance. We pride ourselves in our ability to expand our technology and enhance our military capability. I don’t know the details, but there are several levels above that (although I think they are only necessary for specific jobs and are granted for limited amounts of time). I second admin’s post. I need to provide to my upper management as confirmation. The three situations are examples of real life instances where Article B: Foreign Influence has not been mitigated. Most often the main issue in foreign preference cases is possessing and/or using a foreign passport. America is rich in international heritage and culture. As you’re probably well-aware, when you apply for security clearance, you will be subjected to a thorough, in-depth background investigation, which will look as far back as your youth, it will look at your financial habits and whether you filed for bankruptcy, and it will search for any history of DUI, drug possession, and any other criminal convictions. Bankruptcy Security Clearance; Defense Office of Hearing and Appeals. These relationships could be exploited, leaving the U.S. vulnerable to varying degrees of damage to national security. Security clearances are primarily required by government employers and private contractors who will have access to sensitive information that has a bearing on national security. However, in spite of strong demonstrations of loyalty to the U.S., they hold strong ties to relatives living in China. The paperwork is lengthy and the … Worried About BF's Foreign Parents (TS/SCI) Question. He maintains a security blog and newsletter and is the author of many security books including DoD Security Clearance and Contracts Guidebook-What Cleared Contractors Need to Know About Their Need to Know, The Insider’s Guide to Security Clearances, and books on security certification. That solves the problem.…, I’ll submit to you that there is no such thing as a “high-functioning alcoholic”. It is a clearance of the business entity; it has nothing to do with the physical office structure. DHS requested additoonal information from OPM in Februray 2011. For example, we can hire a permanent resident who is not a US Citizen to do our marketing/proposal writing or as an intern as long as he/she is not working on a specific contract that requires he/she be a US Citizen. If your spouse is foreign-born or a dual-citizen, your interaction with their relatives and home country can mean you lose your security clearance. They need it to access sensitive personal and government information. He was terminated in 2006 when it was learned his clearance request had been denied. A facility cleared company can hire someone who is not a US Citizen (but is authorized to work in the US) to work for the company as long as he/she is not working on a contract that specifically requires a security clearance, correct? When it comes to relationships and your security clearance, transparency and country of origin are key. Top secret isn’t the “most” secret clearance there is, by the way. Foreign influence is a significant concern when the government considers individuals for security clearances. However, some relationships and situations may not be favorably adjudicated. A contractor must have an FCL commensurate with the highest level of classified access (Secret or Top Secret) required for contract performance. Dorfmont v. Brown, 913 F.2d 1399, 1401 (9th Cir. I have been to numerous cleared facilities where foreign nationals are working. An FCL is a determination made by the Government that a contractor is eligible for access to classified information. In an appeal to an earlier denial of a security clearance, an applicant who emigrated to the U.S. from China states that they have demonstrated loyalty to the United States and argues that there is no reason to deny their security clearance. These relationships continue to thrive and could bring risk to classified information. denied, 499 U.S. 905 (1991). It is not a formal security clearance but its rigorous and consistent application underpins the national security vetting process at CTC, SC and DV. 12150 Meredith Drive | Urbandale, IA 50323, an Iranian-born worker can sue for discrimination, Foreign influence is a significant concern, Foreign Intelligence Services Are Still Targeting Clearance Holders, Pros and Cons of Telephone vs In-Person Interviews, http://cpol.army.mil/library/permiss/681.html, No contact from intelligence community agency for 1.5 years after poly & BI. In an appeal to an earlier denial of a security clearance, an applicant who emigrated to the U.S. from China states that they have demonstrated loyalty to the United States and argues that there is no reason to deny their security clearance. Security Office will provide State Dept advisories on hazardous conditions and any known security concerns. Consequently, investigators work to ensure that an individual is not subject to foreign influences or foreign financial ties that could compromise that loyalty. The applicant communicates strong sense of duty and affection to Chinese family members. Subject’s want to drive during their ESI? An applicant from Iraq is denied a security clearance based on civil unrest, kidnappings, and terrorism occurring in their home country and relatives living in Iraq who could be exploited. Brought to you by ClearanceJobs.com. He also attempted to maintain qualification to vote in Brazilian elections leaving his allegiance in question. Hossein Zeinali was hired by Raytheon in 2002, contingent upon his receiving a clearance. ClearanceJobs Blog ©2021 ClearanceJobs - All Rights Reserved. ClearanceJobs is a DHI service. Job applicants may notice that some vacancies mention that applicants must be eligible for a security clearance or must already possess a security clearance in order to be hired. (NISPOM, paragraph 2-104) Can officers and/or directors of the foreign parent organization or one of its affiliates also serve as an officer and/or director of the cleared company? NoFaultRZ: Okay. In this case, the applicant maintains contact with Iraqi family members and provides financial support. The passport must be destroyed, invalidated, or surrendered to the appropriate security authority. The subject employee should demonstrate their competency to protect classified information under the 13 Adjudicative Guidelines and continue to do so once a security clearance is granted. At the time of the security clearance decision, terrorist groups controlled a large portion of Iraq. At the time of his arrest, he had a state secret permit as well as NATO security clearance dating back fourteen years. There are two other related criteria—Foreign Preference and … How to Request a Copy of Your Background Investigation, Channeling Controversy: 10 Patton Quotes That Define Good Leadership, Bulgaria Arrests Spy Ring Supporting Russian Intel Network, Continuous Evaluation Statements in Job Postings Cause Confusion for Clearance Holders, Leader at Penn State’s Applied Research Lab Focuses on Mentoring, Recruiting & Retention, John Hopkins University Applied Physics Laboratory Awarded $50M US Army Contract, Service Desk / Help Desk Analyst - Sec+ and active Top Secret re, Senior Cyber Security Intelligence Analyst (Secret Clearance). This could result in failing to protect sensitive information. How long do you think it will take for final adjudication? The issue at heart is “divided loyalties.” Read: Uncle Sam doesn’t want to give anyone a clearance if they might have difficulty resisting influence from friends, family or allegiances in another country. Intent to destroy the foreign passport is insufficient. Hello everyone, I’m sorry if this question was posted before. A security clearance refers to a formal determination by an executive branch agency I am waiting on SECRET clearance for the past 5 months from DISCO. Applying for a Security Clearance. 1. What Are the Security Clearance Adjudicative Guidelines? Even if you just possess a foreign passport without ever using it, could potentially disqualify you from having a security clearance. I was born in the U.S and can never get citizenship in HK anyway (and no interests either). particularly if your partner is a foreign national Change of name Foreign Travel SCI: Receive clearance for travel to hazardous countries. ... questions arise when you have sent money to assist your foreign hunny in securing a divorce or making sure her elderly parents receive the medical treatment they need. This behavior demonstrated allegiance to Brazil, which has not been adjudicated. However, our global reach and relationships with foreign nationals could also bring risk to national security unless properly adjudicated. In addition to having an FCL, some companies are required to “safeguard” classified infor… What is a security clearance for employment, and how do you get one? 2 years awaiting adjudication, can’t reach sponsoring company. Applicant traveled to … When a security clearance is required to work a military job, the service member’s supervisor will direct them to complete the appropriate paperwork and submit to the background investigation.. In one case, a woman with a TS clearance married an Israeli citizen. Being born in another country doesn’t prevent a person from obtaining a security clearance, but having dual-citizenship with another country or refusing to give up a foreign passport possessed as a result of dual-citizenship is an issue. 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. We value our commitment to foreign friends and allies. Ask CJ explores questions posed on the ClearanceJobs Blog forum . Jeffrey W. Bennett is a security consultant with SFPC, SAPPC, ISOC, ISP certifications. Not knowing the details of the Zeinali case we can’t speculate as to the reason behind the denial of his initial clearance request (or the legitimacy of his lawsuit), but the issue of foreign birth is a significant one and a factor in security clearance procedures. Pressuring parents, and a cleared worker succumbing to those pressures to obtain a foreign spouse might be looked at as being susceptible to foreign influence. 2. Believe me on this one! Below are real life situations of how Guideline B: can impact a security clearance decision. The entire process started in December 2010. Officials break down potential clearance killers into 13 categories ranging from allegiance to the U.S. and foreign influence to sexual behavior and misuse of government computer systems. Here i…  This pressure could result in the applicant being coerced through family members to release sensitive data. These relationships benefit our country’s military and technological capabilities. We also understand the value of American citizens living abroad who fall in love and marry spouses from their host nations. He continues to maintain both U.S. and Brazilian passports. As such he remains susceptible and vulnerable to coercion from foreign relatives, friends, and officials. OTHER CASES. A federal appeals court found that an Iranian-born worker can sue for discrimination after being fired from his job after being denied a Homeland Security clearance. So go ahead and yank everyone’s clearance who got a DUI or has a “friend” who thinks they drink too much (in their opinion). Foreign influence is a significant concern when the government considers individuals for security clearances. As we’ve stated before, critical elements to mitigating outside entanglements include demonstrating allegiance to the United States through attitudes and habits as well as demonstrating a willingness to give up outside influences, be it relationships in a foreign country or financial ties. 1. There are lots of diplomats with dual citizenship for all sorts of reasons, like having a foreign or immigrant parent or having obtained American citizenship through marriage. The risk to national security is just too great. Security clearance law group attorneys discuss foreign preference (Guideline C) to determine eligibility for access to classified information. Provided the person isn’t given access to classified information and is a permanent resident they should be able to do work for a company that happens to have cleared contracts.

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