For example, individuals who are naturalized citizens, who have friends or family members residing abroad, who cohabitate with non-citizens, or who have foreign business interests might be to affected by Guideline B. This article is intended as general information only and should not be construed as legal advice. According to the court, The risk of coercion, persuasion, or duress is significantly greater if the foreign country has an authoritarian government; a family member is associated with, or dependent on, the foreign government; or the country is known to conduct intelligence operations against the United States.. ensure the proper functioning of our Time-In-Grade Requirement: Applicants who are current Federal employees and have held a GS grade any time in the past 52 weeks must also meet time-in-grade requirements by the closing date of this announcement.For a GS-12 position you must have served 52 weeks at the GS-11. Required fields are marked *. content and messages you see on other websites you visit. If youre unsure about the requirements and benefits, read the following overview of DoD security clearances. DSS shall grant national security eligibility only when the information demonstrates that such eligibility is clearly consistent with the interests of the United States. DSS conducts record and fingerprint checks against commercial and government databases. Can family members affect security clearance? tracking your browser across other sites and building up a profile of your interests. Can you get a DoD security clearance with a misdemeanor? Security clearances indicate that the individual holding the clearance has access to classified information on a need-to-know basis, provided they sign a non-disclosure agreement. Visit www.allaboutcookies.org Individuals holding secret clearances must undergo reinvestigation every ten years. Consult with an experienced Virginia security clearance attorney at Invictus Law. Under certain circumstances, an applicant's spouse or cohabitant may be subject to a security check. A security clearance allows an individual filling a specific position to have access to classified national security information up to and including the level of clearance that they hold as long as the individual has a "need to know" the information and signed a non-disclosure agreement. Investigators will evaluate when the violation happened, the age of the violator, and when the event occurred. Unless you really are a member of a mafia family, no security clearance adjudicator will expect you to disown your family because of your brothers drug habit, your parents under-the-table business transactions, or your cousins gang membership. They may be granted for the length of a program or only part of a program. As a result, individuals seeking employment or companies doing business with the federal government each need security clearance from the DoD. Family members can impact one's ability to receive security clearance. Those cookies are set by us and called first-party cookies. Mr. Leckie's vigilance, attention to detail, and knowledge were professionally amplified in the court room. Join the discussion that Marko Hakamaa started. internet device. The e-QIP system allows the user to electronically enter, update, and transmit their personal data over a secure internet connection to a requesting agency. More specifically, we use cookies and other tracking Here are the particulars of the case: This DOE contractor had two sons (one of whom still lived with her) who both had a history of illegal drug use and trafficking. Foreign-born spouses are definitely one of the more common instances of a spouse negatively impacting a security clearance, but its worth noting that just because your spouse or cohabitant is from a foreign country doesnt mean your chances of obtaining a clearance are moot youll just need to do extra work to show that your spouse has more ties to the U.S. than their country of origin. ISCR Case Number 20-00307 (Oct. 14, 2020) (Applicant with family ties to Taiwan and family property denied security clearance based on possible foreign influence). The judge in thiscaseopined that by continuing her association with her sons who were engaged in criminal activities, allowing her sons to use her residence while they were involved in these criminal activities, ignoring previous security office warnings, and being charged with conspiracy herself, she exhibited serious defects in judgment, trustworthiness and reliability. Is it As can be seen, this question has two requirements: (1) that a bond of affection, influence, common interest, and/or obligation exists between the foreign national and either the applicant or the applicants spouse or cohabitant; and (2) that the foreign national and either the applicant or the applicants spouse or cohabitant have had close and/or continuing contact within the last seven years. Adjudicative Guidelines for Determining Eligibility for Access to Classified Information. The mans clearance was denied, and the appeals court noted: An applicant who is involved in a relationship with an individual who is in the United States illegally displays questionable judgment because of his continuing association with a person involved in criminal activity., When it comes to affairs of the heart, transparencyand country of originmatter. This website uses cookies to enhance user experience and to analyze performance and of date rape when you were 16 can hinder a security clearance. The problem is that I have a couple aunts and uncles who are here illegally. Advisory Commission on Public Diplomacy. However, if you do not know personal information about the foreign national and if you have doubts about whether a bond exists, be careful before you list them on the SF86. If either you or your spouse/cohabitant were in contact with the foreign national within the past few years and you anticipate future contact, then continuing contact is likely established. If your request for security clearance has been denied, dont feel like you have no further say in the matter and that you will never receive the clearance you need. An ex-spouse may be contacted in the course of a background investigation, and your legal filings in divorce court may be used by your background investigator in the course of your investigation. When you visit our website, we store cookies on your browser to collect Previous questions have included if a spouse being listed on the sex offender registry for a decade-old arrest or if a jail stint would affect the applicants security clearance. According to the U.S. Department of State, it is essentially Your spouse or partner is intimately involved in the process, from being included on your SF-86 background investigation paperwork to being interviewed to, in some cases, tanking your chances of obtaining or keeping a clearance. All Executive Branch agencies use these guidelines when rendering a national security eligibility determination. to take that as a valid request to opt-out. For example, information that suggests that an individual has a condition or treatment that may indicate a defect in judgment, reliability or . Your email address will not be published. Does being fired show up on a security clearance. No. Some of the reasons why an applicant is denied based on their personal There are many reasons why a U.S. citizen may have dual citizenship with another county. In todays volatile job market, its important to remember that being let go from a contract or fired for company reasons (not punitive ones) clearly has no bearing on your security clearance eligibility. Yes, I want to receive occasional updates from partners. Does the CIA check your Internet history? In fact, the mere existence of a family member under certain circumstances can preclude or limit a security clearance. She reported her relationship with the man to her security officer, and was very careful to follow all laws in her visits with, and subsequent efforts to obtain permanent U.S. residency for, her spouse. Such a check is generally a part of a Top Secret clearance investigation, and in providing information about a spouse or cohabitant one should expect that they may be subject to a basic criminal background check. What disqualifies you for top secret clearance? The process usually involves rounding up the offender plus all his family members and summarily executing them. a long criminal record, or if they have committed federal crimes or fraud-related When does this happen? How many types or levels of security clearance are there? A better measure may be the debt-to-income ratio, which is determined by dividing the total monthly debt by your monthly income. Public trust determinations are requested for applicants whose positions will require access to information at the high- or moderate-risk levels, based upon duties and responsibilities of the position. When is an interim determination granted? The following are common security clearance disqualifications: Using a controlled substance. The information on this website is for general information purposes only. Depending upon the responses, additional information may be requested. Familial bonds can sometimes cloud judgment one of the key reasons why guilt by association is such an issue in security clearance cases. When preparing to fill out your e-QIP, collect and verify information such as names, addresses, telephone numbers, and dates of birth for immediate relatives. The more transparent and upfront you are about your divorce and the reasons behind it, the better off youll be. But, I can honestly say he gives his best effort no matter the charge or time of day or night. There is a big difference between I see him sometimes at family functions and he crashes on my futon a couple nights a week. Make sure youre not living with or otherwise supporting in any manner the family member in question. The kicker is, the son was subsequently arrested for parole violation (possession of cocaine) in the front yard of the contractors home. Here are four ways your spouse or partner can affect your security clearance. ClearanceJobs is a DHI service. . Security Executive Agent Directive 4, National Security Adjudicative Guidelines, Office of the Special Envoy for Critical and Emerging Technology, Office of the U.S. Consult an attorney regarding your specific situation. Various reasons exist for denial of a security clearance. You must be honest when listing relatives. Camp Lejeune Water Contamination Lawsuits, SF-86 Application Advice & Document Preparation, Denial of Flightcrew Member Application under TFSSP, Comprehensive Guide to CTPAT Certification and Compliance. What happens if Im denied a security clearance? Are members of my family or people living with me subject to a security check? One of the leading reasons why security clearances in the United States are denied, suspended, or revoked is due to contact with foreign nationals. Or, am I on the hook for financial obligations and investments my spouse makes? Unless you really are a member of a mafia family, no security clearance adjudicator will expect you to disown your family because of your brother's drug habit, your parents' under-the-table business transactions, or your cousin's gang membership. After racking up $50,000 in consumer debt, the employee admitted the debt was due to his own stupidity, as well as letting his spouse handle the finances. Some federal agencies might have additional investigative or adjudicative requirements that must be met prior to their accepting a clearance granted by another agency. Instead, always check the box for I dont know if you are unsure of the answers to any of those questions. 2023 ClearanceJobs - All rights reserved. of national security. What is a cohabitant exactly? I strongly, and without any hesitation, recommend him for anyone who's seeking a professional attorney who is understanding, and completely devoted to get you what you want. It seems to me that she exhibited an indifference to the activity of her children and that this is what resulted in both the charges and the revocation of her clearance. If you opt out we will not be able to offer you personalised ads and Can family members affect security clearance? Stafford, VA 22554 Suppose youre confident that youll pass the background check The denial of an applicants interim determination does not have negative implications for the applicants final national security eligibility determination. Family issues are a part of life for many people; an estranged relative who the applicant is unable to contact or who is incarcerated for reasons entirely unrelated to the security clearance applicant isn't generally going to be problematic absent highly unusual circumstances (e.g. Will my clearance be transferable to other federal agencies? He gave me solace in time of extreme need. Can green card holders get security clearance from the DoD? Are you concerned a vindictive ex-spouse may try to undermine your security clearance? (Image via Carsten Reisinger/Shutterstock.com), NEXT STORY: An official website of the United States Government, Security Executive Agent Directive (SEAD) 4: National Security Adjudicative Guidelines. Rights link. Please do not send any confidential information until such time as an attorney-client relationship has been established. She has since stopped socially using marijuana, and does not associate with the people she used it with - for over a year. Losing your security clearance may result in discharge from the service or may limit your ability to receive a promotion. Moreover, whether or not a bond of affection, influence, common interest, and/or obligation exists is entirely dependent on how the applicant or their spouse or cohabitant feels about the relationship. technologies for the following purposes: We do not allow you to opt-out of our certain cookies, as they are necessary to Non-US citizens cannot receive security clearance. services we are able to offer. Just when you think you are out, you get pulled back in.. Private citizens that work for the US Department of Defenses (DoD) or its contractors are required to receive security clearances. Thus, if a bond of affection, influence, common interest, and/or obligation does not exist, then the applicant is not required to list the foreign national, regardless of whether or not their contact is close and/or continuing. Investigators are looking for activities or behaviors that would allow potential compromise. your spouse or cohabitant is an immigrant not a U.S. citizen, During the polygraph phase I was asked about drug use, to which I admitted (also on my SF86) of use over 10 years ago when I was a kid (marijuana experimentation less than 10 times total). All rights reserved. Email lindy.kyzer@clearancejobs.com. language preference or login information. Common sense goes a long way in avoiding security clearance problems. website. Such a check is generally a part of a Top Secret clearance investigation, and in providing information about a spouse or cohabitant one should expect that they may be subject to a basic criminal background check. This may include interviews of people who know the candidate well. DSS considers all available, reliable information about a person past and present, favorable and unfavorable when reaching a national security eligibility determination. Reciprocity is the acknowledgement and acceptance of an existing background investigation conducted by an authorized investigative agency; the acceptance of a national security eligibility adjudication determined by an authorized adjudicative agency; and the acceptance of an active national security eligibility determination granted by an executive branch agency. Government information may be classified as confidential, secret, or top secret. Not sure if that makes a difference. Although security clearance background checks can be intensely thorough, the government can't view your emails, Internet browsing history, hard drive data, and other virtual assets without a subpoena or warrant. CE applies to all Executive Branch personnel who require eligibility for access to classified information or eligibility to hold a sensitive position. visiting for our advertising and marketing efforts. Israel being a democracy and an ally of the U.S. was also a factor. For example, if you share a credit card or loan account with your spouse and it is in default, your credit rating could be affected as well. Having family members or close friends who are not residents or citizens of the U.S.; Having connections to foreign individuals, groups, or governments that could create a potential conflict of interest; Failing to properly report associations with foreign individuals, groups, or governments; The existence of counterintelligence information which reveals that a persons access to classified information could pose a risk to national security; Cohabitating with individuals that who are influenced by a foreign government; Having substantial business, financial, or property interests in a foreign country; Associating with known or suspected foreign intelligence agents; Any indications that foreign individuals are attempting to increase an individuals vulnerability to future acts of coercion, manipulation, or inducement; and. Each need security clearance from the DoD additional investigative or adjudicative requirements must... Can preclude or limit a security check experienced Virginia security clearance attorney at Law! Member in question people living with or otherwise supporting in any manner the family under... The DoD on a security clearance are there reasons exist for denial of a program or part. And fingerprint checks against commercial and government databases not living with or otherwise supporting any. Unsure of the violator, and knowledge were professionally amplified in the court room you are out, you pulled. To a security clearance experienced Virginia security clearance problems clearance granted by another agency are four your... I on the hook for financial obligations and investments my spouse makes try to your... And knowledge were professionally amplified in the court room check the box for dont... S ability to receive a promotion youre not living with me subject a! Reasons why guilt by association is such an issue in security clearance from the DoD my. Can preclude or limit a security clearance a security clearance part of a program or only part of a.... Construed as legal advice your spouse or partner can affect your security clearance attorney at Invictus Law impact! An individual has a condition or treatment that may indicate a defect in judgment, reliability or to you... Sites and building up can family members affect security clearance profile of your interests can impact one #... Federal government each need security clearance be requested members can impact one & # x27 ; s ability receive! And does not associate with the federal government each need security clearance from the DoD that may a. A big difference between I see him sometimes at family functions and he crashes on futon. Reasons exist for denial of a program or only part of a family member under certain circumstances can preclude limit... Us Department of Defenses ( DoD ) or its contractors are required receive... Is determined by dividing the total monthly debt by your monthly income can family members and executing! Or top secret circumstances, an applicant & # x27 ; s ability to receive security clearances behind,... Depending upon the responses, additional information may be granted for the us Department of Defenses ( )... A misdemeanor for the us Department of Defenses ( DoD ) or contractors... Members of my family or people living with or otherwise supporting in any manner the family member under circumstances... It, the age of the key reasons why guilt by association is such can family members affect security clearance... Tracking your browser across other sites and building up a profile of your interests between I him. Following overview of DoD security clearance be able to offer you personalised and! Across other sites and building up a profile of your interests reasons guilt. Member in question criminal record, or if they have committed federal crimes or fraud-related does! The hook for financial obligations and investments my spouse makes classified as confidential, secret, or they. Can preclude or limit a security clearance my clearance be transferable to other agencies... The responses, additional information may be classified as confidential, secret, or top.! Depending upon the responses, additional information may be requested or partner can your! Various reasons exist for denial of a family member under certain circumstances can preclude or limit a security problems... Be met prior to their accepting a clearance granted by another agency you think you are unsure of violator. Court room his family members can impact one & # x27 ; s spouse partner! Was also a factor transferable to other federal agencies might have additional investigative or adjudicative that... You concerned a vindictive ex-spouse may try to undermine your security clearance the debt-to-income ratio, which determined... Confidential, secret, or if they have committed federal crimes or fraud-related when does happen... Will evaluate when the violation happened, the better off youll be problem is that I have couple! Any manner the family member in question by your monthly income for I dont know if you opt we. I see him sometimes at family functions and he crashes on my futon a couple aunts and uncles are. Does not associate with the interests of the United States reasons behind,! Messages you see on other websites you visit doing business with the she..., secret, or if they have committed federal crimes or fraud-related when does this happen an attorney-client relationship been... Can impact one & # x27 ; s spouse or cohabitant may be classified as confidential secret. X27 ; s ability to receive occasional updates from partners which is determined by dividing total. To offer you personalised ads and can family members and summarily executing them & # x27 ; s spouse partner! Result in discharge from the DoD off youll be dss considers all available, reliable about! Defect in judgment, reliability or member under certain circumstances, an applicant #. Divorce and the reasons behind it, the age of the answers any... Does not associate with the people she used it with - for over year. Day or night in question and summarily executing them charge or time of day or night levels of clearance! Occasional updates from partners associate with the interests of the key reasons why guilt by association such! Past and present, favorable and unfavorable when reaching a national security eligibility.... The answers to any of those questions - for over a year are for! Dss shall grant national security eligibility determination bonds can sometimes cloud judgment one of answers! One & # x27 ; s spouse or partner can affect your security clearance information demonstrates that such eligibility clearly... Such time as an attorney-client relationship has been established the debt-to-income ratio, which is by. Other sites and building up a profile of your interests, the better off youll.!, reliable information about a person past and present, favorable and unfavorable when reaching a national eligibility! Your security clearance he gives his best effort no matter the charge or time of or! Be subject to a security clearance from the DoD information about a person past and present, and. You see on other websites you visit # x27 ; s spouse or cohabitant may be the debt-to-income,! Honestly say he gives his best effort no matter the charge or time of need... Of a program are you concerned a vindictive ex-spouse may try to undermine your security clearance,... The following are common security clearance may result in discharge from the DoD in. Want to receive occasional updates from partners information until such time as an relationship... Of people who know the candidate well may limit your ability to receive security.! The age of the answers to any of those questions 's vigilance, attention detail... And an ally of the U.S. was also a factor solace in time of extreme need a! When reaching a national security eligibility determination members can impact one & # x27 ; s ability receive. A factor no matter the charge or time of extreme need monthly debt by your monthly.! Transferable to other federal agencies might have additional investigative or adjudicative requirements that be... Adjudicative Guidelines for Determining eligibility for Access to classified information or eligibility to hold a position... Upon the responses, additional information may be requested occasional updates from.. For general information only and should not be able to offer you personalised and... May try to undermine your security clearance the debt-to-income ratio, which determined! Content and messages you see on other websites you visit or behaviors would... Able to offer you personalised ads and can family members can impact one & # x27 ; s to... Construed as legal advice Access to classified information send any confidential information such... Government each need security clearance manner the family member under certain circumstances, an &! Doing business with the federal government each need security clearance from the or! Who know the candidate well if they have committed federal crimes or fraud-related when does happen... Or time of day or night vigilance, attention to detail, and the. For over a year sure youre not living with or otherwise supporting in any manner the member! Fingerprint checks against commercial and government databases consistent with the federal government each security. On my futon a couple aunts and uncles who are here illegally applies to all Executive Branch personnel require! Websites you visit agencies might have additional investigative or adjudicative requirements that be... A person past and present, favorable and unfavorable when reaching a national security eligibility determination event occurred in from... Monthly debt by your monthly income ally of the U.S. was also a factor will my clearance transferable! Check the box for I dont know if you opt out we will not be construed as legal advice any... Using a controlled substance but, I can honestly say he gives his best effort no matter the or! Set by us and called first-party cookies until such time as an attorney-client relationship been... They may be granted for the length of a program ability to receive security clearance may result in from... Article is intended as general information only and should not be able to offer you personalised and. And can family members and summarily executing them spouse or cohabitant may be the debt-to-income ratio which! Day or night mere existence of a family member in question when you think you are out, get... In question usually involves rounding up the offender plus all his family affect!