Summary
The applicant, a 39-year-old naturalized U.S. citizen originally from Iraq, faced foreign influence concerns due to family ties in Iraq. He admitted to the allegations but demonstrated a strong commitment to U.S. interests through his work history with U.S. forces and his current role as a linguist. The administrative judge concluded that the applicant mitigated the foreign influence concerns, resulting in a favorable decision for the applicant.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant mitigated the foreign influence security concerns generated by his family members who are citizens and residents of Iraq (1.a). Applicant's parents are citizens and residents of Iraq (1.b). Applicant's brother is a citizen and resident of Iraq. He works in an Iraqi law enforcement unit analogous to a SWAT team, handling hostage rescue and interdiction, together with other counter-terrorism activities (1.c). In 2016, Applicant gifted them $6,000 (1.d). Applicant has not spoken to his brother since the summer of 2018. They had “a falling out,” over a family-related matter (1.e). Applicant owns no property in Iraq (1.g). He has $30,000 deposited in a U.S. checking account, and $15,000 invested in a 401k retirement account (1.h).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b). The judge applied mitigating conditions AG ¶ 8(b). The decision turned on the following: The applicant demonstrated a long history of supporting U.S. interests under dangerous conditions; He has not visited his family in Iraq for five years, indicating limited foreign influence; The applicant's strong employment and character references supported his case.
Why the applicant prevailed
- The applicant demonstrated a long history of supporting U.S. interests under dangerous conditions.
- He has not visited his family in Iraq for five years, indicating limited foreign influence.
- The applicant's strong employment and character references supported his case.
Conditions referenced
- AG ¶ 7(a)appliedContact with Foreign Family Members
- AG ¶ 7(b)appliedConnections to Foreign Persons Creating Potential Conflict of Interest
- AG ¶ 8(b)appliedNo Conflict of Interest Due to Strong U.S. Ties
Key rule quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural posture
- SOR issuedJul 13, 2018
- Answer filedAug 28, 2018
- Hearing heldMar 4, 2019
- Decision dateMay 7, 2019
Cite for
- Mitigation of Foreign Influence Concerns Under Guideline B
- Importance of Employment History in Demonstrating Commitment to U.S. Interests
- Consideration of the Whole-person Concept in Security Clearance Decisions.