ISCR Case 22-00259

Case Headnote

ISCR Case No. 22-00259

grantedSep 25, 2023· Hon. Charles C. Hale· hearing

Summary

A 43-year-old naturalized U.S. citizen and electrical engineer, originally from Iran, was granted a security clearance despite concerns under Guideline B (Foreign Influence). The Statement of Reasons detailed several family ties to Iran, including his wife, mother, father, mother-in-law, father-in-law, and multiple aunts and uncles who are either Iranian citizens, dual citizens, or residents. Additionally, the applicant had previously worked for Iranian academic institutions and co-authored scientific articles with Iranian nationals.

The applicant admitted to these allegations. However, the administrative judge found that mitigating conditions applied. Key factors included the applicant's strong ties to the United States, demonstrated by his immediate family members being U.S. citizens and his parents actively pursuing U.S. naturalization with no intent to return to Iran.

Furthermore, the applicant confirmed he had no ongoing relationships with the Iranian co-authors or other Iranian nationals beyond those listed in the Statement of Reasons, and he does not discuss his work with any family members. None of his foreign family members in Iran are affiliated with any foreign government. Based on these mitigating factors, the applicant was granted eligibility for access to classified information.

Why the Applicant Prevailed

The applicant's immediate family members are U.S. citizens, establishing strong ties to the U.S.
The applicant's parents are in the process of becoming naturalized U.S. citizens and do not intend to return to Iran.
The applicant has no ongoing relationships with individuals in Iran and does not discuss his work with family members.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant has family members in Iran, creating a potential conflict of interest.
AG ¶ 7(b)raisedConnections to a Foreign GovernmentThe applicant's ties to Iran raise concerns about divided allegiance.

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign PersonsThe applicant's relationships are unlikely to create a conflict of interest.
AG ¶ 8(b)appliedMinimal Loyalty to Foreign InterestsThe applicant has deep and longstanding relationships in the U.S.

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”

Procedural Posture

SOR issuedJun 28, 2022
Answer filedJul 21, 2022
Hearing heldMay 23, 2023
Decision dateSep 25, 2023

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Family Ties in Assessing Security Clearance Eligibility
Consideration of the Whole-person Concept in Clearance Decisions

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’s wife is a dual citizen of Iran and the United States.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Iran 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	Claimed Other
1.b	Applicant’s mother and father are citizens and residents of Iran.	For Applicant	Parent in Foreign Country Immediate Family	Iran 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	Claimed Other
1.c	Applicant’s mother-in-law and father-in-law are dual citizens of Iran and the United States.	For Applicant	In Law in Foreign Country Immediate Family	Iran 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	Claimed Other
1.d	Applicant has an uncle and aunt who are citizens and residents of Iran.	For Applicant	Extended Family in Foreign Country Extended Family	Iran 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	Claimed Other
1.e	Applicant has an uncle who is a citizen of Iran.	For Applicant	Extended Family in Foreign Country Extended Family	Iran 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	Claimed Other
1.f	Applicant worked for at least two different Iranian academic institutions and published scientific articles with Iranian co-authors.	For Applicant	Unspecified Foreign Relationship Other	Iran 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	Claimed Other
1.g	Applicant has not had any further contact with any of the individuals he co-authored with or assisted in the paper’s presentation.	For Applicant	Unspecified Foreign Relationship Other	Iran 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	Claimed Other
1.h	Applicant does not have any ongoing relationships with any Iranian nationals outside of the ones listed on the SOR.	For Applicant	Unspecified Foreign Relationship Other	Iran 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	Claimed Other
1.i	Applicant made it clear throughout the hearing he does not discuss anything about his work or job with his family members.	For Applicant	Unspecified Foreign Relationship Other	Iran 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	Claimed Other
1.j	None of his foreign family members in Iran are affiliated in any way with any foreign government.	For Applicant	Unspecified Foreign Relationship Other	Iran 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	Claimed Other

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s wife is a dual citizen of Iran and the United States.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Iran

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

Claimed

Other

1.b

Applicant’s mother and father are citizens and residents of Iran.

For Applicant

Parent in Foreign Country

Immediate Family

Iran

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

Claimed

Other

1.c

Applicant’s mother-in-law and father-in-law are dual citizens of Iran and the United States.

For Applicant

In Law in Foreign Country

Immediate Family

Iran

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

Claimed

Other

1.d

Applicant has an uncle and aunt who are citizens and residents of Iran.

For Applicant

Extended Family in Foreign Country

Extended Family

Iran

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

Claimed

Other

1.e

Applicant has an uncle who is a citizen of Iran.

For Applicant

Extended Family in Foreign Country

Extended Family

Iran

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

Claimed

Other

1.f

Applicant worked for at least two different Iranian academic institutions and published scientific articles with Iranian co-authors.

For Applicant

Unspecified Foreign Relationship

Other

Iran

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

Claimed

Other

1.g

Applicant has not had any further contact with any of the individuals he co-authored with or assisted in the paper’s presentation.

For Applicant

Unspecified Foreign Relationship

Other

Iran

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

Claimed

Other

1.h

Applicant does not have any ongoing relationships with any Iranian nationals outside of the ones listed on the SOR.

For Applicant

Unspecified Foreign Relationship

Other

Iran

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

Claimed

Other

1.i

Applicant made it clear throughout the hearing he does not discuss anything about his work or job with his family members.

For Applicant

Unspecified Foreign Relationship

Other

Iran

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

Claimed

Other

1.j

None of his foreign family members in Iran are affiliated in any way with any foreign government.

For Applicant

Unspecified Foreign Relationship

Other

Iran

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

Claimed

Other

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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

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION