Lawyer Monthly - December 2024

I encourage the readers of this article to work with an organization they have vetted and can trust, to assist them with compliance with immigration laws. In your experience, what are the common misconceptions about the security clearance process that both individuals and organizations should be aware of? As a former Security Manager and Acting Chief of Security and Intelligence for the U.S. Army’s Medical Command, you’d be surprised by how many people believe the process is unattainable if they have minor past issues, such as financial problems, have sought mental health treatment, or have overseas connections. The truth is, transparency and remediation are key. I encourage you to read the Security Executive Agent Directive 4 (SEAD 4) to get a better understanding of what corrective actions you can take to remedy the issue(s) and work with your local personnel security point of contact through counsel, if desired, to neutralize the agency’s concerns. How do you approach cases involving veterans’ affairs, and what unique legal issues do veterans typically encounter in accessing benefits and services? As a disabled Army veteran who regularly utilizes the Veterans Affairs Healthcare system, the biggest challenges I’ve seen are that the National Guard and Reserve components have simply left their members behind. From my observations, there were no transition assistance programs (TAP) for them, or the program available wasn’t helpful. Most of their members were unaware of what types of service qualify them for care. So, if they’ve been in a reserve status their entire career and have no active-duty service for reasons other than training purposes, they will have a harder time accessing care. It’s a hard conversation to have with them. By prioritizing securing accurate records, ensuring that their medical care while in service is properly documented before leaving service, and assisting with appeals and advocating during higher-level reviews, we’ve been able to overcome this. Given your expertise in national security, how do current geopolitical events influence immigration policies and security clearances in the United States? Shifts in the geopolitical environment often lead to delays due to stricter vetting of individuals from affected regions when they seek a clearance or immigration benefit. For example, current tensions might increase scrutiny on applicants from Eastern Europe or the Middle East. Additionally, the constant leaks of classified information from people with ties to those regions are making the process a bit more difficult. The national security of the United States should be prioritized, and we have a responsibility to ensure compliance with the government’s security requirements. 62 LAWYER MONTHLY DECEMBER 2024

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