SOR from CIA. What would be the timeline for appeal?

Hi, I’m a contractor and I recently received my initial disapproval and SOR from CIA.
With the help of attorney, I was able to successfully deny all their allegations they had on SOR and sent it out this morning.

To my knowledge, even if the decision was overturned, I still need to be sponsored to receive the clearance. Not sure how this could be possible on contractor. When I received disapproval, I immediately have to find a new team that doesn’t require the clearance. I can ask for additional time so I can stay a bit longer until I get this sorted out, but I’ve seen post from this forum that even initial adjudicator hearing from CIA can take up to a year! (Not even appeal stage, just personal hearing).

I was wondering if there is anyone in this forum who went through this process and can provide some timeline for me? Most posts here are about DOD CAF or DOHA and not much from CIA.

How long would it be until I hear back for my SOR response from CIA?

Received the SOR in March 2017 and began the appeal immediately. In December 2018 they made their final decision and it was in my favor.

Thanks for the update on more recent case. It’s unfortunate that your case still took more than a year. I don’t think my company will just let me stay that long though… I am now afraid that I might have just wasted a lot of money for nothing :frowning_face:

If I could still get cleared, it woulda been totally worth as I can just go to other company that uses that clearance, but they don’t seem to grant clearance if you aren’t sponsored anymore. This is total bogus. It’s a false claim that resulted from polygraph examiner’s mistake, which I have evidence to refute. I have done nothing wrong, but somehow I have to be the one responsible for this mess. Literally heart broken.

I helped a client with an LOD from CIA that he received in March 2017. The response was sent in April 2017. Received the decision in June 2020 (3+ years). The guideline B concern was affirmed and the guideline C concern was reversed. The case is now with a 2nd level reviewer. CIA says they process appeals in the order they are received, but obviously they don’t. If your appeal is successful, you should be able to take the written decision to any prospective employer as proof clearance eligibility. Anyone in the business will recognize the return address on the letter.

I had a similar situation. I am not sure I totally understand the part about sponsorship. To my knowledge, a favorable decision after the appeal will only mean that you do not have a denial in your record. The agency does not grant you a clearance by reversing their decision (which is different from many other places including DOD agencies).

Time was, CIA would not issue SOR’s to contractors that they would not clear, they just never replied at all. It would appear that they have been forced to follow guidelines (from ODNI perhaps) to issue SORs but it sounds like they are not devoting much in the way of resources to the task.

Really? I’m confused now.
Could you elaborate on this matter please? My understanding was that you don’t get denial on your record while you’re waiting for personal hearing. Only after the hearing you will officially get denied, in which you will have a chance to appeal. Hence, I thought I wouldn’t have to answer “yes” to “Have you ever been denied of a clearance” question if were to go for different clearance during the process. Is this not true?

Also if agency doesn’t grant clearance after reversing decision, does that mean I would go through entire background investigation and poly again to get the clearance?

Thanks for providing recent timeline. Wow 3 yrs is a lot. And it’s still at appeal stage.
Yeah positive turnaround alone wouldn’t do much unfortunately As most contractors in my field look for someone who has active clearance, not just clearable :frowning:

If you don’t mind me asking- how long was your timeline (beginning of investigation up to receiving the SOR)?

Winer9301: If and when you receive a favorable decision, you will be in a special status. You should be granted clearance by the CIA as soon as you obtain sponsorship, provided you obtain sponsorship soon after receiving a favorable decision. This is about the same as having a clearance that’s eligible for reinstatement (recertification). When employers say they want someone who is eligible, they’re just saying that the applicant shouldn’t have any disqualifying conditions in their background.
You were denied clearance when you received the letter from the CIA that stated you were disapproved for access on a specific date. It’s in the letter and the instructions that came with it. Until that decision is overturned you must list a clearance denial on an SF86. Unlike most agencies, Intelligence Community agencies issue Letters of Denial that include the reasons for the denial. Most agencies issue a Letter of Intent to deny with a Statement of Reasons.

Johnsmith123: Who are you asking?

My apologies- my question was for @winer9301

Thanks for clearing things up. I definitely have better understanding of the process. Neither the attorney nor our company’s security department knew how the appeal process was with CIA. That’s a lot better than going through this mess again. Now the hard part is going to be waiting for that PA, which will most likely take at least a year.

Johnsmith123: Mine took about 2.5 yrs from turning in SF86 and to initial decision. I took the poly 2 yrs ago.

Thanks for the info! How many times did you go for the poly?

Hi Mr. William Henderson. I now need to set a hearing date, but the law firm I hired to write my SOP is based in California and will put extra travel cost. You said earlier in the post that you helped your client overturn a decision, I was wondering if you are available to provide me same service or recommend trusted law firms in the DMV area to represent me at hearing.

Thank you for reviving this topic. Is it true that a successful appeal with the CIA would NOT get you a clearance —Simply it will only remove the denial?

My understanding is that because CIA appeal is lengthy, a re-investigation will occur to cover any potential changes. (they say it’s shorter, but who knows how “short” they mean). Only after that, your clearance would be granted. You also have to be sponsored throughout the whole process as @willam-henderson mentioned above.

Thank you for the response. Mr, Henderson, what do you think the process would be if the person was processing directly with the CIA, got denied, and then got a favorable decision after an appeal? Does the person become cleared or not?

Hi winer9031, I’m so sorry to hear the news, as I know many on this forum are anxious that a similar fate might befall them. In terms of process, did CIA still conduct a BI even with the polygrapher’s misunderstanding?

Can anyone clarify the sponsorship question?
How is it possible to be sponsored if my clearance is revoked? I received my SOR in August and was told by my security officer that my sponsorship ended at that time as well. But my lawyers said they never received anything about my case being LOJ. I’m about to be let go from my company while I’m still waiting for a response from my SOR. What should I do?