Undocumented Immediate Family

I have to fill out an eQIP for a job near me. As I get to section 18 it asks to provide proof of US residency for a particular family member. That family member is undocumented. I don’t plan to lie, so if I list that the family member is undocumented will that person face criminal charges or any type of other trouble? What about it affecting my chances for security clearance? Thank you

Your case is typical, there are lots of clearance holders out there with undocumented family. I’ve yet to hear of a case where a clearance investigation lead to criminal charges against a family member and I have been at this over a decade. You will get a few extra questions and some additional scrutiny but your chances remain very good, especially if that is your only “hiccup.”

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Which agency are you being investigated by?
Obviously this undocumented issue likely won’t sit well with DHS or any of its component agencies.

It’s a common situation but there is no guarantee the information you provide won’t be used against your family member in the future. Once you provide the information to your government, no one can predict the behaviors of future administrations. I personally have faith in our wonderful country and system. But, I can’t predict the future either.

It is a military installation in the Midwest. I spoke with the Chief and he said he doesn’t foresee it being a problem, so I will just have to go through the process and see what happens.

Thank you for your feedback! I spoke with the Chief of the place I am being investigated by and he said it he doesn’t foresee it being a problem.

Your relative probably won’t encounter any problem. As for your security clearance eligibility it depends on whether the person lives with you or you otherwise provide that person some sort of support that might be viewed as harboring or shielding. It’s a violation of law for a person to:

“knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation.”

Hi fed-investigator. Do you mind telling me your perspective (opinion, best way to proceed, suggestions) on the following?

I recently was selected for a position that requires a TS clearance. At least, from my part, I have no issues at all. However, the same may not be true for my boyfriend. I will try to include info that I think will be relevant. My boyfriend who is from Brazil arrived in the States when he was 20yo (he is currently 23yo). His family lives here, they are legal residents, and he even has native-born American siblings. He entered legally in the country with a tourist. His visa expires in 2024 but he already exceeded his allowed time stated in his I-94. We have been dating for almost two years already. Since almost a year already he has practically been living with me in my apartment (I own the apartment – paying mortgage). However, he pays all his bills and even help me with expenses. He doesn’t want to live with his family (he can live at his own), has a stable job, speak very good English, he is already very adapted to the US culture, and he even has a NY state ID (NY allows people with good record to have a state ID providing that have proper ways to demonstrate identity and payment of taxes).

Based on what I have read, his status may be an issue. I’m trying to find out to what extent this is the case and find ways to mitigate any possible issue. He can and has no problem in moving out (either way, I’m and will be 100% honest in my application and mention my relationship), if that helps with my clearance.

Since it is just a matter of time (couple of weeks) until I receive the notification to fill out the SF86, considering that I was already considering marry him, I don’t know if I should just mention that or even marry him right now.

I’m just trying to explore my alternatives and make the best decision for our future and my dream job… and of course improve my chances of obtaining the clearance with no so much trouble

Thank you for your time reading this.

The equip/SF 86 will ask for all of his information because he is your romantic cohabitant, to include his social security number or permanent resident number. If he doesn’t have either it will just be something you have to discuss with the investigator and let things play out. Marriage and your sponsorship of his legal entry would make the process easier for you. But, that is a big step for you both. Perhaps one of his family members is willing to legally sponsor his permanent residence.

Most important thing to do is be honest, answer the questions fully and let the chips fall where they may. I don’t know adjudicatively how the relationship will affect your clearance, since you are voluntarily in this relationship, I imagine you will receive closer scrutiny as opposed to someone with an undocumented family member out of their control.