I have active secret clearance. am I eligible to obtain TS(Top security) if I have a canadian brother?

If you apply for a security clearance, your application will most certainly be given greater scrutiny by the investigators and adjudicators due to your brother's Canadian citizenship. However, it is by no means certain that you will be denied security clearance eligiblity.

Your situation is governed by Adjudicative Guideline B , Foreign Influence, which states in part:
"Foreign contacts and interests may be a security concern if the individual had divided loyalties or foreign financial interests, may be manipulated or induced to help a foreign person, group, organization, or government in a way that is not in U.S. interests, or is vulnerable to pressure or coercion by any foreign interest. Adjudication under this guideline can and should consider the identity of the foreign country in which the foreign contact or financial interest is located, including, but not limited to, such considerations as whether the foreign country is known to target United States citizens to obtain protected information and/or is associated with a risk of terrorism. "

Some but not all of the conditions that could raise potential secuirity concerns under Guideline B, include the following:

--"(a) contact with a foreign family member, business or professional associate, friend, or otehr person who is a citizen of or resident in a foreign country if that contact creates a heightened risk of foreign exploitation, inducement, manipulation, pressure or coercion;"

--"(b) connections to a forein person, group, government, or country that create a potentia conflict of interest between the individual's obligation to protect sensitive information or technology and the individual's desire to help a foreign person, group, or country by providing that information;

--"(f) failure to report , when required, association with a foreign national:

--"(g) unauthorized association with a suspected or known agent, or employee of a foreign intelligence service;"

Among the conditions that could mitigate your particular situation under Guideline be are the following:

--"(a) the nature of the relationships with foreign persons, the country in which these persons are located, or the positions or activities of those persons in that country are such that it is unlikely the individual will be placed in a positon of having to choose between the interests of a foreign individual, group, organization, or government and the interests of the U.S.;"

--"(b) there is no conflict of interest, either because the individual's sense of loyalty or obligation to the foreign person, group, government, or country is so minimal, or the individual has such deep and longstanding relationships and loyalties in the U.S., that the individual can be expected to resolve any conflict of interest in favor of the U.S. interest;"

--"(c) contact or communications with foreign citizens is so casual and infrequent that there is little likelihood that it could create a risk for foreign influence or exploitation."

Canada is one of our closest allies. Thus, it is unlikely that the simple fact that your brother is a citizen of and resides in Canada creates a "heightened" security concern. If he is an employee of the Canadian government or armed forces, that could raise some concerns. I trust that he does not have any radical (i.e., terrorist) associatons. It would be mitigating if he is a dual U.S.-Canadian citizen. Likewise, adjudicators will consider how close a relationship you have with your brother. For example, do you speak with him once a week, or have you not spoken with or seen him in 20 years?

Assuming there nothing else of a potential security concern in your background, a very strong argument can be made that you should go ahead and apply for a clearance. It very well maybe approved. Even if it is initially denied, you will have the right to challenge/appeal the denial.

I hope this helps.

Mark F. Riley
Attorney at Law

As a follow-on to my previous answer, I would like to add that the fact that you already have an active SECRET security clearance makes it very likely that you will be granted a TOP SECRET clearance. Although the investigation for a TOP SECRET clearance is more detailed/in-depth than for a SECRET clearance, the standards for holding either clearance are identical. If the government was aware of your brother's Canadian citizenship at the time you were granted the SECRET clearance, absent new derogatory information, there is no reason to believe that it will deny you a TOP SECRET clearance. Good luck.

Mark F. Riley
Attorney at Law