Preliminary Fitness Determination

I received a response from the review panel for Top secret clearance at DOS. It is not a denial of SC but a determination that I do not meet the fitness requirements for contract employment.

The reasons they gave me are: Foreign influence and foreign preference
I’ve been a citizen for 11 months (Not sure why this is a factor)
I have foreign relatives who are citizens of my “country of birth”
My brother and brother-in-law are employed by the gov’t.

I drafted something for reconsideration, but I was wondering if I need a lawyer’s input. Any advice on this?
My brother-in-law, I talk with like once a year. we have very minimum communication. My country of Birth does not pose a threat to the US in any way.
Does it mean because my brother is a citizen of another country, I won’t have clearance ever? I dont understand the rationale…

Can anyone recommend a lawyer I could seek advice from?

A lawyer is not going to be of much help unfortunately. The Government has determined that your unfit to work at DOS.

Move on with your life and if circumstances change reapply in a few years, good luck.

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Well . . . You don’t understand why only having been naturalized 11 months ago is a problem for the State Department? First, it may be that the problem is with the specific role that you were being considered for. On may assignments, the fact that you have ties to even a friendly country may be cause for concern because we negotiate with them as well. They did you a favor by giving you a suitability denial. When you apply for clearance again, you will not have to report that you were denied a clearance.

But, the second point is that naturalized citizens have been shown to be security risks at a higher rate those who were citizens at birth. That is unfortunate for you but it is part of the way that this process works.

I don’t believe that you have any appeal rights in this situation.


Hi embats,
Any luck on your situation? I have the same issue.

Thank you

Hello I recently went through background and was determined initially to be unfit for contractor top secret clearance. Reason stated misconduct or negligence in employment. I was terminated by law enforcement career after 15 years. I fought it and still was terminated (right to work state) the Peace Officer Stanfards and Training board determined I did not violate code of conduct and did not sanction my law enforcement license at all. I currently am deputy sheriff. Sheriff county auditor, city police chief all wrote letter for my appeal dknthis initial adjudication and I have a lawyer.
I was terminated Aug 2017 and have been working at sheriff’s office just over a year.

What are my chances of winning appeal?

Thank you.