ISCR Case 19-00574

Case Headnote

ISCR Case No. 19-00574

grantedSep 10, 2019· Hon. Shari Dam· hearing

Summary

A 32-year-old U.S. citizen and defense contractor was granted a security clearance despite initial concerns under Guideline B (Foreign Influence). The Statement of Reasons focused on her husband's connections to two family members residing in Afghanistan. Disqualifying conditions AG ¶ 7(a) and AG ¶ 7(b) were raised.

However, the applicant successfully mitigated these concerns. She demonstrated that she has never met her father-in-law and has only minimal contact with him. Her husband also has very limited contact with his father, speaking no more than once a year, and has no contact whatsoever with his second cousin in Afghanistan.

Crucially, the applicant established deep and longstanding ties to the U.S., including strong connections to her immediate family and significant community involvement. These factors, aligning with mitigating conditions AG ¶ 8(a), AG ¶ 8(b), and AG ¶ 8(c), led the administrative judge to grant her security clearance.

Why the Applicant Prevailed

The applicant has never met her father-in-law and has minimal contact with him.
The applicant's husband speaks to his father no more than once a year and has no contact with his second cousin in Afghanistan.
The applicant has deep and longstanding ties to the U.S., including her immediate family and community involvement.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant's husband has a relationship with his father, a former government official in Afghanistan.
AG ¶ 7(b)raisedConnections to Foreign PersonsThe applicant's husband has a second cousin who was a high-ranking member of the Afghan government.

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign PersonsThe applicant's limited contact with her husband's family reduces the likelihood of divided allegiance.
AG ¶ 8(b)appliedNo Conflict of Interest Due to Deep U.S. TiesThe applicant's strong connections to the U.S. outweigh her familial ties in Afghanistan.
AG ¶ 8(c)appliedCasual and Infrequent Contact with Foreign CitizensThe applicant has no significant contact with her husband's relatives in Afghanistan.

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.”
— ISCR Case No. 03-02382 at 5 (App. Bd. Feb. 15, 2006); ISCR Case No. 99-0424 (App. Bd. Feb. 8, 2001)

Procedural Posture

SOR issuedApr 2, 2019
Answer filedApr 26, 2019
Hearing heldAug 16, 2019
Decision dateSep 10, 2019

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Deep U.S. Ties in Security Clearance Decisions
Limited Contact with Foreign Relatives as a Mitigating Factor

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant mitigated the foreign influence security concerns arising from her husband’s connections to two family members residing in Afghanistan.	For Applicant	Extended Family in Foreign Country Extended Family	Afghanistan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	Credited Deep U.S. Ties
1.b	Applicant mitigated the foreign influence security concerns arising from her husband’s connections to two family members residing in Afghanistan.	For Applicant	Extended Family in Foreign Country Extended Family	Afghanistan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant mitigated the foreign influence security concerns arising from her husband’s connections to two family members residing in Afghanistan.

For Applicant

Extended Family in Foreign Country

Extended Family

Afghanistan

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

Credited

Deep U.S. Ties

1.b

Applicant mitigated the foreign influence security concerns arising from her husband’s connections to two family members residing in Afghanistan.

For Applicant

Extended Family in Foreign Country

Extended Family

Afghanistan

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

Credited

Deep U.S. Ties

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

PROCEDURAL RULINGS

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION