Summary
This case concerns a U.S. citizen, born in Iraq, who was granted a security clearance despite initial concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). Disqualifying conditions were raised regarding the applicant's foreign connections, specifically family ties in Iraq and Jordan.
However, the judge found these concerns were mitigated by several factors. The applicant renounced his Iraqi citizenship in 1997 and has not visited Iraq since 2010. His daughter is a U.S. citizen residing in the United States with no plans to return to Jordan. Additionally, his wife has successfully obtained permanent resident status in the U.S.
These mitigating conditions, demonstrating the applicant's strong ties to the United States and the nature of his relationships with foreign individuals, led to the favorable decision. The security clearance was ultimately granted.
Why the Applicant Prevailed
- The applicant renounced his Iraqi citizenship in 1997 and has not been in Iraq since 2010.
- The applicant's daughter is a U.S. citizen residing in the United States and has no intention of returning to Jordan.
- The applicant's wife has successfully navigated the immigration process and holds permanent resident status in the U.S.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant has family members residing in Iraq and the UAE.
- AG ¶ 7(b)raisedConnections to Foreign PersonsThe applicant has potential inheritance from family in Iraq.
- AG ¶ 7(e)raisedShared Living QuartersThe applicant's wife is a citizen of Iraq.
- AG ¶ 7(f)raisedSubstantial Business Interests in a Foreign CountryThe applicant has property interests in Iraq.
- AG ¶ 8(b)appliedNo Conflict of InterestThe applicant has deep and longstanding relationships and loyalties in the U.S.
- AG ¶ 8(c)appliedCasual Contact with Foreign CitizensThe applicant has not had contact with his former in-laws for several years.
- AG ¶ 8(f)appliedValue of Foreign InterestsThe applicant's potential inheritance is not substantial enough to create a conflict.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedSep 25, 2019
- Answer filedOct 31, 2019
- Hearing heldMar 16, 2021Hearing rescheduled due to COVID-19.
- Decision dateMay 5, 2021
Cite For
- Mitigation of Foreign Influence Under Guideline B
- Mitigation of Foreign Preference Under Guideline C
- Consideration of Familial Ties and Their Impact on Security Clearance Eligibility.