ISCR Case 17-00219.h1

Case Headnote

ISCR Case No. 17-00219.h1

grantedMar 2, 2018· Hon. Jennifer I. Goldstein· hearing

Summary

A 36-year-old naturalized U.S. citizen and defense contractor, originally from Turkey, was granted a security clearance despite concerns under Guidelines B (Foreign Influence) and C (Foreign Preference). The Statement of Reasons cited his parents and sister as citizens and residents of Turkey, with his parents receiving small Turkish government pensions and traveling frequently between the U.S. and Turkey. His father, 71, and mother, 67, are retired, and his father plans to apply for a U.S. green card. His 39-year-old sister is a homemaker in Turkey. The applicant communicates regularly with his parents and occasionally with his sister. His in-laws are permanent U.S. residents with no plans to return to Turkey and intend to become U.S. citizens.

A specific concern was the applicant's vote in a Turkish election in June 2015, after becoming a naturalized U.S. citizen in August 2011. Disqualifying conditions under Guideline B and C were raised, but mitigating conditions were applied.

The judge found that the applicant demonstrated strong emotional and financial ties to the United States, including significant assets and community involvement. He expressed a willingness to renounce his Turkish citizenship and has surrendered his expired Turkish passport. His vote in the Turkish election was determined to be motivated by a desire to promote U.S. interests, rather than to serve foreign interests. Based on these factors, the security clearance was granted.

Why the Applicant Prevailed

The applicant demonstrated strong emotional and financial ties to the United States, including significant assets and community involvement.
The applicant expressed a willingness to renounce his Turkish citizenship and has surrendered his expired Turkish passport.
The applicant's vote in a Turkish election was motivated by a desire to promote U.S. interests, not to serve foreign interests.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
AG ¶ 7(e)raisedShared Living Quarters with Foreign Persons

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Unlikely to Create Conflict
AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Deep Ties to the U.S.
AG ¶ 11(c)appliedWillingness to Renounce Foreign Citizenship
AG ¶ 11(e)appliedExercise of Foreign Citizenship Entitlements Does Not Present a Concern

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 issuedMar 13, 2017
Answer filedApr 20, 2017
Hearing heldSep 27, 2017
Decision dateMar 2, 2018

Cite For

Mitigation of Foreign Influence Concerns Due to Strong U.S. Ties
Mitigation of Foreign Preference Concerns Through Renunciation Willingness
Impact of Familial Relationships on Security 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 mother and father are citizens and residents of Turkey. They reside in both the United States and Turkey, traveling frequently between the two nations. His mother is 67 years old and his father is 71 years old. His father is retired from a private company. His mother is a retired teacher. Both parents get a small pension from the Turkish government. Applicant communicates with his mother once or twice a week and his father once or twice per month. Neither are affiliated with the Government or military in Turkey. Applicant’s father travels to Turkey for health care treatments and stays approximately three months on those trips. Applicant’s father has a tourist visa to visit the United States, and his mother is a permanent resident green card holder. Applicant testified that his father will be applying for a green card within the next year.	For Applicant	Parent in Foreign Country Immediate Family	Turkey HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.b	Applicant’s sister is a citizen and resident of Turkey. She is 39 years old and is a homemaker. Her husband owns a private textile company. Applicant communicates with his sister once or twice per year.	For Applicant	Sibling in Foreign Country Immediate Family	Turkey HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.c	Applicant’s mother-in-law and father-in-law are citizens of Turkey. They permanently reside in the United States as green card holders, and have no plans to return to Turkey. They own no property in Turkey. They intend to become U.S. citizens as soon as they are eligible. His mother-in-law resides near-by, with his sister-in-law. His father-in-law resides out of state with his brother-in-law. Applicant communicates with them once or twice per year. Applicant’s wife frequently communicates with her mother by phone or through internet calls.	For Applicant	In Law in Foreign Country Immediate Family	Turkey HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.d	specific text not stated in this decision	For Applicant	Unspecified Foreign Relationship Other	—	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s mother and father are citizens and residents of Turkey. They reside in both the United States and Turkey, traveling frequently between the two nations. His mother is 67 years old and his father is 71 years old. His father is retired from a private company. His mother is a retired teacher. Both parents get a small pension from the Turkish government. Applicant communicates with his mother once or twice a week and his father once or twice per month. Neither are affiliated with the Government or military in Turkey. Applicant’s father travels to Turkey for health care treatments and stays approximately three months on those trips. Applicant’s father has a tourist visa to visit the United States, and his mother is a permanent resident green card holder. Applicant testified that his father will be applying for a green card within the next year.

For Applicant

Parent in Foreign Country

Immediate Family

Turkey

HEIGHTENED RISK

Denied

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

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

—

1.b

Applicant’s sister is a citizen and resident of Turkey. She is 39 years old and is a homemaker. Her husband owns a private textile company. Applicant communicates with his sister once or twice per year.

For Applicant

Sibling in Foreign Country

Immediate Family

Turkey

HEIGHTENED RISK

Admitted

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

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

—

1.c

Applicant’s mother-in-law and father-in-law are citizens of Turkey. They permanently reside in the United States as green card holders, and have no plans to return to Turkey. They own no property in Turkey. They intend to become U.S. citizens as soon as they are eligible. His mother-in-law resides near-by, with his sister-in-law. His father-in-law resides out of state with his brother-in-law. Applicant communicates with them once or twice per year. Applicant’s wife frequently communicates with her mother by phone or through internet calls.

For Applicant

In Law in Foreign Country

Immediate Family

Turkey

HEIGHTENED RISK

Denied

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

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

—

1.d

specific text not stated in this decision

For Applicant

Unspecified Foreign Relationship

Other

—

Denied

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

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	After becoming a naturalized U.S. citizen in August 2011, Applicant exercised his Turkish citizenship by voting in Turkish elections in June 2015.	For Applicant	Foreign Voting	Admitted	—	(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests (e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

After becoming a naturalized U.S. citizen in August 2011, Applicant exercised his Turkish citizenship by voting in Turkish elections in June 2015.

For Applicant

Foreign Voting

Admitted

—

(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

—

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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

FOOTNOTES