Summary
A 47-year-old naturalized U.S. citizen, originally from Lebanon, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons (SOR) cited the applicant's family ties in Lebanon, including a mother, in-laws, and other relatives residing in Lebanon, Qatar, Saudi Arabia, and Kuwait. The applicant maintained weekly contact with his mother and had traveled to Lebanon multiple times between 1998 and 2005 to visit family or attend his father's funeral.
Further allegations included the applicant's dual citizenship with Lebanon and the United States, and the use of a Lebanese passport for travel to and from Lebanon after becoming a U.S. citizen in 1996 and obtaining a U.S. passport in 1997. The applicant admitted to several allegations but clarified that he had not engaged in any responsibilities of Lebanese citizenship, such as voting or paying taxes.
The judge found that the mitigating evidence outweighed the security concerns. Key factors included the applicant's residency in the U.S. since 1980 and U.S. citizenship since 1996. The applicant's family members in Lebanon were not involved with any government agencies, and the applicant expressed a willingness to renounce Lebanese citizenship if required. Ultimately, the security clearance was granted.
Why the applicant prevailed
- The applicant has lived in the U.S. since 1980 and has been a U.S. citizen since 1996.
- The applicant's family members in Lebanon do not pose an unacceptable security risk as they are not involved with any government agency.
- The applicant expressed a willingness to renounce his Lebanese citizenship if required.
Conditions referenced
- DC 7raisedContact with Foreign Family MembersContact with foreign family members who are citizens and residents in a foreign country creates heightened risk of foreign exploitation.
- DC 10raisedExercise of Foreign Citizenship PrivilegesRetention of a foreign passport raises concerns of foreign preference.
- MC 8appliedLoyalty to the U.S.The applicant's deep and longstanding relationships and loyalties indicate any conflicts can be expected to be resolved in favor of the U.S.
- MC 11appliedWillingness to Renounce Foreign CitizenshipThe applicant indicated a willingness to renounce his Lebanese citizenship and has no intention to renew his expired Lebanese passport.
Key rule quoted
“The possession of such ties raises a security concern sufficient to require Applicant to present evidence in rebuttal, extenuation, or mitigation sufficient to demonstrate that it is nevertheless clearly consistent with the national interest to grant or continue the security clearance.”
Procedural posture
- SOR issuedApr 4, 2007
- Answer filedMay 29, 2007
- Hearing heldOct 18, 2007in San Jose, California
- Decision dateNov 6, 2007
Cite for
- Mitigating Factors Under Guideline B Regarding Foreign Influence
- Mitigating Factors Under Guideline C Regarding Foreign Preference
- The Importance of Demonstrating Loyalty to the U.S. in Security Clearance Cases.