Summary
A 51-year-old naturalized U.S. citizen and defense contractor was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The denial stemmed from the applicant's extensive family ties in Algeria and his possession and use of a valid Algerian passport.
Specifically, the applicant has numerous family members, including his mother and siblings, residing in Algeria. This extensive family network was identified as creating a heightened risk of foreign pressure or exploitation, particularly given the presence of terrorist activities in Algeria. Furthermore, the applicant holds an Algerian passport, valid until March 2009, which he has used multiple times since becoming a U.S. citizen. This was interpreted as an indication of foreign preference for Algeria over the United States.
Despite his long-term U.S. residency and professional qualifications, the applicant failed to adequately demonstrate that his relationships with family in Algeria would not pose a risk of foreign influence or exploitation. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant has extensive family ties in Algeria, including a mother and multiple siblings, which create a heightened risk of foreign influence.
- He holds a valid Algerian passport and has used it multiple times since becoming a U.S. citizen, indicating a preference for Algeria over the U.S.
- The applicant failed to demonstrate that his relationships with family members in Algeria would not pose a risk for foreign influence or exploitation.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to a Foreign Country
- AG ¶ 10(a)(1)raisedPossession of a Current Foreign Passport
- AG ¶ 10(a)(3)raisedAccepting Benefits From a Foreign Country
- AG ¶ 8(a)rejectedNature of Relationships with Foreign PersonsThe applicant's frequent and non-casual contacts with family in Algeria do not mitigate the security concerns.
- AG ¶ 8(b)appliedMinimal Conflict of InterestThe applicant has developed a sufficient relationship and loyalty to the U.S., but this is insufficient to overcome the security concerns.
- AG ¶ 8(c)rejectedCasual and Infrequent ContactThe applicant's contacts with family members are frequent and significant.
Key Rule Quoted
“The mere possession of close family ties with a person in a foreign country is not, as a matter of law, disqualifying under Guideline B.”
Procedural Posture
- SOR issuedApr 13, 2007
- Answer filedMay 20, 2007
- Hearing heldSep 12, 2007
- Decision dateSep 28, 2007
Cite For
- Foreign Influence Concerns Due to Extensive Family Ties Abroad
- Foreign Preference Indicated by Possession of a Valid Foreign Passport
- The Burden of Proof on the Applicant to Mitigate Disqualifying Conditions.