Summary
The applicant, a 36-year-old naturalized U.S. citizen originally from Iraq, sought a security clearance under Guideline B due to concerns about foreign influence stemming from family ties in Iraq and Jordan. The applicant successfully mitigated these concerns by demonstrating strong ties to the U.S., including family residing in the U.S. and a history of supporting U.S. military operations. The judge granted the security clearance, finding that the applicant's connections to the U.S. outweighed the potential risks associated with his foreign family ties.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant has maintained intermittent contact with citizens of Iraq, Qatar, and Bahrain, since leaving those countries (1.a). Applicant's parents-in-law are citizens of Iraq and part-time residents of Jordan and the United States. Both in-laws worked for the Iraqi government and receive pensions from that government (1.b). Applicant's wife has frequent contact with her parents while they reside in Jordan (1.c). Applicant has two siblings who are citizens of Iraq but reside in the United States (1.d). Applicant's parents are citizens of Iraq and reside in the United States (1.e). Applicant has maintained contact with citizens of Iraq, Qatar, and Bahrain since leaving those countries (1.f). Applicant's in-laws receive pensions from the Iraqi government (1.g). Applicant's wife has siblings who reside in various countries including Indonesia, London, and Austria (1.h). Applicant's parents-in-law live in the United States half of the year and in Jordan the other half (1.i). Applicant's last contact with his in-laws was via a text at a holiday in June 2017 (1.j). Applicant's in-laws cannot return to Iraq because of possible persecution (1.k). Applicant's wife contacts her parents once or twice a month while they reside in Jordan (1.l).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), AG ¶ 7(e). The judge applied mitigating conditions AG ¶ 8(b), AG ¶ 8(c). The decision turned on the following: The applicant's immediate family members reside in the U.S. and have no intention of returning to Iraq or Qatar; The applicant has established deep and longstanding relationships and loyalties in the U.S; The applicant's past experience supporting U.S. military operations and his current employment in support of U.S. interests were significant mitigating factors.
Why the Applicant Prevailed
- The applicant's immediate family members reside in the U.S. and have no intention of returning to Iraq or Qatar.
- The applicant has established deep and longstanding relationships and loyalties in the U.S.
- The applicant's past experience supporting U.S. military operations and his current employment in support of U.S. interests were significant mitigating factors.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Persons
- AG ¶ 7(e)raisedShared Living Quarters with Foreign Persons
- AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong U.S. Ties
- AG ¶ 8(c)appliedCasual and Infrequent Contact with Foreign Citizens
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.”
Procedural Posture
- SOR issuedNov 16, 2016
- Answer filedDec 15, 2016
- Hearing heldAug 2, 2017via MS Teams
- Decision dateJan 25, 2018
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Importance of U.S. Citizenship and Residency in Mitigating Foreign Ties
- Consideration of the Whole-person Concept in Security Clearance Decisions