Summary
The applicant, a 34-year-old U.S. citizen originally from Afghanistan, successfully mitigated foreign influence security concerns under Guideline B related to his family ties in Afghanistan. The judge emphasized the applicant's loyalty and significant contributions to U.S. military efforts, concluding that he poses no unacceptable security risk. The decision reflects a thorough evaluation of the applicant's circumstances and relationships, ultimately granting eligibility for access to classified information.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant mitigated the foreign influence security concerns (1.a). Applicant was born in Afghanistan to Afghan parents (1.b). His family fled to Pakistan in 1984 to avoid the war (1.c). They returned to Afghanistan in about 2004 (1.d). He was granted asylum in the United States in 2010 because of threats made against his family (1.e). He became a U.S. citizen in 2016 (1.f).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b). The decision turned on the following: The applicant credibly testified that his family in Afghanistan could not be used to coerce or intimidate him into revealing classified information; The applicant has a proven record of action in defense of the United States, having worked under dangerous conditions as a linguist with the U.S. military; The applicant's family members in Afghanistan do not have direct connections to the government or terrorist organizations.
Why the Applicant Prevailed
- The applicant credibly testified that his family in Afghanistan could not be used to coerce or intimidate him into revealing classified information.
- The applicant has a proven record of action in defense of the United States, having worked under dangerous conditions as a linguist with the U.S. military.
- The applicant's family members in Afghanistan do not have direct connections to the government or terrorist organizations.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant has family members who are citizens and residents of Afghanistan, creating a potential conflict of interest.
- AG ¶ 7(b)raisedConnections to Foreign PersonsThe applicant's ties to Afghanistan raise concerns about divided allegiance.
- AG ¶ 8(a)appliedNature of Relationships with Foreign PersonsThe applicant's relationships are unlikely to place him in a position of conflict between U.S. interests and those of his foreign family.
- AG ¶ 8(b)appliedMinimal Conflict of InterestThe applicant's loyalty to the U.S. and his significant contributions mitigate potential conflicts.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedOct 11, 2018
- Answer filedNov 3, 2018Applicant elected to have the case decided on the written record.
- Hearing heldFeb 25, 2019
- Decision dateMar 8, 2019
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Importance of Applicant's Contributions to U.S. National Security
- Credibility of Applicant's Assertions Regarding Coercion and Foreign Ties