National security Clearance FAQ's

Q. Can I get a National Security Clearance without a job offer?

A. No. All individuals that seek a National Security Clearance must have a sponsor. The employer will sponsor the applicant and provide the SF86 Application.

Q. If I have a foreign passport, can I get a National Security Clearance?

A. No. Passports are a prohibition except in rare cases to an applicant’s request for a National Security Clearance in the United States.
 
Q. If I have dual citizenship with a foreign country, can I get a National Security Clearance?

A. Yes. The cases are litigated heavily and in certain instances, dual citizenship results in a finding of no clearance. However, The Edmunds Law Firm has been successful with applicants who have dual citizenship. The key is the level of contacts and depth of contacts the applicant has with the foreign country.
 
Q. If my spouse is from a foreign country, will there be a problem with my Security Clearance?

A. Yes. The Courts will look to Guideline B, which is Foreign Influence, and be concerned about the contacts that the applicant has with family members or relatives.
 
Q. If I share living quarters with a person from another country, will that be a problem in a National Security Application, even though I am not married to that person?

A. Yes. Sharing living quarters with a person regardless of the citizenship status creates a heightened risk of foreign inducement. The Administrative Law Judges do not rule in favor of an applicant under these circumstances. There are some exceptions.
 
Q. If my relatives have served in the foreign military, will that create a problem with my National Security Application?

A. Yes. Again this is a Foreign Influence situation and the Courts are concerned about the influence that relatives might have on the applicant at a later time.
 
Q. If I have deliberately or mistakenly left information out on my SF86, will that cause a problem with my National Security Clearance Application?

A. Yes. Guideline E, which deals with Personal Conduct, specifically addresses deliberate omissions or falsification of relevant facts on a Security Clearance Questioner. The Government is concerned about the issue of trustworthiness and frequently denies an applicant a Security Clearance, unless he can overcome the burden at the time of the hearing.
 
Q. If I refuse to take a Polygraph examine, can I get a National Security Clearance?

A. No. A Polygraph examination and an investigative interview are all parts of the process that are utilized by OPM or DOD. A refusal to participate in the investigative process often results in denial of the clearance.
 
Q. If I send money to a relative in a foreign country, can that create a problem in a National Security Clearance?

A. Yes. Again this involves the issues of Foreign Influence and Foreign Preference. Administrative Law Judges are concerned about an applicant who sends money to third parties in a foreign country.
 
Q. If I have committed criminal offenses as a minor, will that cause problems with a National Security Clearance Application?
 
A. Generally not. Criminal behavior when an individual is a minor is easily mitigated. If there is continuous criminal conduct however, this demonstrates a course of conduct then an overall life profile can be used by the Government.
 
Q. Do I have to undergo a medical exam if I am requested to do so?

A. Yes. Medical exams are often part of the investigation and an applicants request for a National Security Clearance.
 
Q. Do I have to undergo a Polygraph have requested to do so?

A. Yes. This is a part of the investigative process. Any applicant that declines to take a Polygraph may be declined a National Security Clearance the applicant is seeking.

Q. Does your law firm handle cases before DOHA?

A. Yes. Defense Office of Hearings and Appeals adjudicates most of the national security clearance matters. DOHA convenes administrative hearings throughout the United States. The Edmunds Law Firm has appeared across the country, representing individuals that have been denied clearances and that have requested formal hearings.

Q. What is an SOR?

A. An SOR is a Statement of Reasons that is issued to individuals that have been denied a security clearance. The SOR is a very important document because it contains the rights to appeal the initial determination. The appeal can occur in two forms. An individual can elect to submit a written appeal or personally appear in front of a DOHA judge at an administrative hearing. The best choice, of course, is to appear personally.

Q. How do I get a security clearance?

A. A national security clearance is available to individuals who have a sponsor that will provide them with the security application, commonly referred to as an SF86. Individuals without a job that requires a national security clearance cannot be eligible to obtain a security clearance. Many individuals want to get a security clearance but do not have employment. This cannot be accomplished.

Q. Is it expensive to have representation at a formal hearing before DOHA?

A. The Edmunds Law Firm offers payment plans and flat fee pricing for formal hearings. Because of our national representation and the large volume of cases that we handle across the United States, the Edmunds Law Firm is able to offer very reasonable and affordable pricing. Please call for a quote on your case at your location.

For more information please contact our National Security Clearance Lawyers.