Summary
A 43-year-old naturalized U.S. citizen, originally from Iraq, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline E (Personal Conduct). The Statement of Reasons cited the applicant's five family members residing in Iraq, including a brother, sister, and sister-in-law who work for the Iraqi Ministries of Oil and Construction, respectively. An uncle also served in the Iraqi military.
Additionally, the applicant faced allegations under Personal Conduct for his termination from Company A in approximately January 2018. He was terminated for being rude and abusive to staff, refusing to sign termination paperwork, going Absent Without Leave, and failing to demobilize at a U.S. Army base as per company policy.
However, the judge found that several mitigating factors outweighed these concerns. The applicant's family in Iraq was unaware of his security clearance application, and he expressed disinterest in inheriting family properties there, indicating limited loyalty to his family in Iraq. His prior service as a linguist for the U.S. military further demonstrated his commitment to U.S. interests, leading to the clearance being granted.
Why the Applicant Prevailed
- The applicant's family members in Iraq were unaware of his security clearance application, reducing the risk of foreign influence.
- The applicant expressed a clear disinterest in inheriting family properties in Iraq, indicating minimal loyalty to his family there.
- The applicant's prior service as a linguist for the U.S. military demonstrated his commitment to U.S. interests.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Persons That Create Potential Conflict of Interest
- AG ¶ 7(e)raisedShared Living Quarters with Foreign Persons
- AG ¶ 7(f)raisedSubstantial Business, Financial, or Property Interests in a Foreign Country
- AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Is Unlikely to Create a Conflict of Interest
- AG ¶ 8(b)appliedMinimal Loyalty or Obligation to Foreign Persons
- AG ¶ 8(c)appliedCasual and Infrequent Contact with Foreign Citizens
- AG ¶ 8(f)appliedValue of Foreign Property Interests Is Unlikely to Result in Conflict
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedApr 5, 2022
- Answer filedApr 6, 2022
- Hearing heldDec 8, 2022
- Decision dateMar 10, 2023
Cite For
- Mitigation of Foreign Influence Concerns Due to Limited Family Ties
- Disinterest in Foreign Property as a Mitigating Factor
- Credibility of Applicant's Commitment to U.S. Interests Based on Military Service