Summary
A 39-year-old linguist working for a defense contractor was granted a security clearance despite initial concerns under Guideline B (Foreign Influence). The Statement of Reasons (SOR) detailed that the applicant entered the U.S. from Sudan in 1993 on a six-month visitor's visa but overstayed. He married a U.S. citizen in October 1995, becoming a naturalized citizen in August 2001, a marriage that ended in October 2002. In March 2003, he married a Sudanese woman in Sudan, with whom he has a four-year-old child and an eight-year-old stepchild.
Further foreign influence concerns arose from the fact that his mother, father, two brothers, and five sisters are all citizens and residents of Sudan. The Administrative Judge considered disqualifying conditions 7(a) and 7(d).
However, the applicant admitted to all allegations and demonstrated unwavering loyalty to the U.S. through military service and adherence to security protocols. He credibly testified to having no loyalty or obligation to Sudan, supported by letters from U.S. military personnel. Additionally, his family members in Sudan have no history of military or government involvement. Applying mitigating conditions 8(b) and 8(d), the Administrative Judge concluded that the applicant had mitigated the concerns, granting the security clearance as consistent with national interest.
Why the applicant prevailed
- The applicant demonstrated unwavering loyalty to the U.S. through military service and compliance with security protocols.
- He credibly testified to a lack of loyalty or obligation to Sudan, supported by letters from U.S. military personnel.
- The applicant's family members in Sudan have never been involved in military or government roles.
Conditions referenced
- DC 7(a)raisedContact with a Foreign Family MemberContact with family members in Sudan raised concerns of foreign influence.
- DC 7(d)raisedSharing Living Quarters with a Foreign NationalLiving with a foreign national created a heightened risk of foreign inducement.
- MC 8(b)appliedMinimal Conflict of InterestThe applicant's loyalty to the U.S. was deemed strong enough to mitigate concerns.
- MC 8(d)appliedForeign Contacts Approved by Security AuthorityThe applicant complied with reporting requirements and received approval for travel to Sudan.
Key rule quoted
“The sole purpose of a security clearance decision is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”
Procedural posture
- SOR issuedNov 27, 2007
- Answer filedJan 9, 2008
- Hearing heldApr 7, 2008Hearing conducted as scheduled despite reassignment of judges.
- Decision dateJun 23, 2008
Cite for
- Mitigation of Foreign Influence Concerns Under Guideline B
- Credibility of Applicant's Loyalty Based on Military Service
- Consideration of the Whole Person Concept in Security Clearance Decisions.