Thank you

I was a foreign born and a naturalized US citizen. I tried to apply for a linguist contractor position with FBI. They informed me that they could not offer me the job right after my security interview even though I had passed the language proficiency test. I demanded to know the reasons behind the rejection by sending in the request. After about 4 months of waiting, they finally sent me something in the mail telling me basic nothing since all the factors suggested by the agent who interviewed as “great concern to FBI & national security” were blocked. I suspect it had something to do with my family’s background and my foreign connection since this country is currently considered as one of the risks to the US. Is there anything I can do at this point to make them change their minds? Can I file an appeal? If so, where to? I can’t help being born into a prestigious family and having some important people as my friends. But I was truthful and honest about all of my connections. I volunteered all the information, yet they use it against me.
Will the findings at FBI affect me to seek job opportunities with other government agencies? I remember reading from somewhere that they are trying to change their approach toward first generation naturalized US citizens in getting clearance for them to work in the government especially for bilingual positions. Is this true? Do I have hope at all?
Do all the other government agencies, DOJ, DOD & DHS share security information on applicants with FBI?

Thank you very much for helping me out in advance.

The requirement is that a “Senior Official of the Intelligence Community (SOIC)” or designee must certify the existance of a compelling need. This basically mean that there is no other candidate reasonably available who can do the job. SOICs are the Directors of the CIA, NSA, NGA, DIA, NRO, DHS etc. As a practical matter, someone at a much lower level, such as a program manager, prepares the document and forwards it with the clearance request. There is no cost (other than time and effort) involved.

Unfortunately you are not in the position to demand that the security officer show you the paragraph in an authoritive written policy document that supports what he is saying.

Thanks for the reply! Here is the reply I got from the security officer:

“A cohabitant doesn’t have to be someone of a spouse like relationship. It is anyone living with the person requiring SCI access. I am very familiar with the DCID 6/4 and we have processed many others in the same situation as you, and they require an LCN.”

If that is so, then what prevents a client agency from signing an LCN? Is there a cost involved?

Hello. Thank you for this service you are providing to the public. just a short backgrounder – i was in the Air Force for 12 years, honorable discharge with a TS/SCI that was going to expire in 2010. I came out here to the Middle East with *TT in 2006 and they just pulled a Secret since that’s all they had on their contract. now I am here in Iraq with another company and they were reviewing my records and saw that i had a TS/SCI so they asked me if I wanted it reinstated and that would require a re-investigation. the FBI just recently interviewed my ex-wife and she of course brought up the fact that we are divorced due to infidelity. the whole world knows about it since I had a son from that relationship outside the marriage (my little one was born after my divorce was finalized so it doesn’t look as bad).

My question is – can the adjudicator say i cannot get my TS back because of infidelity even if that cannot be used against me for blackmail or whatever?

thank you so much for your help.

I recommend you talk to someone in personnel security at DHS. Their recruiters may not have a clear understanding of when a waiver is needed.

It doesn’t appear that all agences have this rule, but it does severely limit my job opportunities.

If your last SSBI or SBPR was less than five years ago, the only additional investigative action necessary might be a polygraph exam. Your last investigation (and the results of a polygraph exam, if required) will be adjudicated for SCI eligibility. There are no publicly available data on current adjudicative time at DIA.

Here are the factors:
1 – terminated for inappropriate conduct at work with a coworker in 2005
2 – have been in therapy for anger management,depression, childhood issues

I plan to be open and honest about the terms of my termination, and if need be the issues I am addressing in therapy.
The above mentioned coworker and I are now engaged.
And I chose to undertake therapy to better myself as a person, it was not court mandated, etc.

I have no other criminal, or civil issues.
Any advice, suggestions appreciated.

Would I automatically be rejected for a clearance?

2) My grand parents who lived in Eastern Europe have recently passed away. In their will I was given the apartment that they lived in. However, currently the will is being processed by the court system of that country therefore I am not 100% certain if I will receive the apartment or if it will be given to my family members. Now assuming I receive the apartment that was given to me in my grand parents will then will that affect my current and/or future clearance? I know that in the SF-86 there is a question regarding any foreign property. At the time I was filling out the SF-86 I had not foreign property but now I might. Will me owning the apartment given to me in my grand parents will affect my clearance status? Will I have to sell that apartment in order to keep my clearance? Can I give the custody of that apartment to my family members and still retain ownership without affecting my clearance?

Thank you very much,

REspectfully,
John Baker

If you did not receive an interim TOP SECRET clearance, you can request a copy of your investigative file from the federal agency that conducted the investigation by submitting a Freedom of Information/Privacy Act request. It will probably take a few months to get the file.

I can not definitively tell you what will happen if you report your marriage. DoD and most other federal agencies require anyone holding a security clearance to report their marriage to a foreign national to their security officer. So if you don’t want to report it, the only choice you have is to quit your job.

There is a general rule applicable to agencies processing security clearances that allows them to report current criminal activity to the concerned law enforcement agency, but this rule does not require that information be reported. Please read the instructions on the SF86–specifically paragraph 3 under “Privacy Act Routine Uses.”

I have contacted a few attorneys, both immigration and security clearance related, and none as of yet can tell me the answer to the simple question If I disclose that I have a foreign wife to DSS will they report that to DHS which will start removal proceedings. My question appears to be in the grey area between security and immigration. I do not really care too much if I lose my clearance, but I do not want to get my wife deported. If anyone knows if it is standard procedure for DSS to alert the Department of Homeland security about an illegal immigrant that is reported that information would be greatly appreciated.

Thanks,
Dave