Summary
A 45-year-old naturalized U.S. citizen and defense contractor, originally from Iran, was denied a security clearance due to concerns under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline E (Personal Conduct). The denial primarily stemmed from the applicant's close relationships with immediate family members who are citizens and residents of Iran, a country identified as hostile to the U.S.
Specifically, the applicant's father, mother, brother, two nieces, and one nephew are all Iranian citizens and residents. The applicant also acknowledged that his brother works for the Iranian government, though the specific capacity was unknown. Additionally, the applicant had applied for and renewed an Iranian passport in 1999 and 2004, respectively, while a U.S. citizen, only relinquishing and destroying it in March 2007. Concerns were also raised regarding personal conduct, as the applicant allegedly failed to disclose a 1983 arrest on felony charges of Kidnaping, Sexual Assault, and Criminal Trespass on a security clearance application executed in December 2005.
Despite some mitigating factors related to foreign preference and personal conduct, including character references, the judge determined that the applicant's familial ties to Iran posed an unmitigated and significant security risk, creating a heightened risk of foreign exploitation or coercion. Consequently, the security clearance was denied.
Why the applicant was denied
- The applicant has immediate family members who are citizens and residents of Iran, a country hostile to the U.S.
- The applicant's close relationship with his parents and brother creates a heightened risk of foreign exploitation or coercion.
- The applicant failed to mitigate the foreign influence concerns despite character references.
Conditions referenced
- AG ¶ 6(a)raisedForeign Influence
- AG ¶ 8(a)raisedForeign Preference
- AG ¶ 16notedPersonal Conduct
- AG ¶ 8(b)appliedForeign PreferenceThe applicant's willingness to renounce Iranian citizenship and destruction of his Iranian passport were considered positively.
- AG ¶ 8(c)appliedForeign PreferenceThe applicant's military service occurred before he became a U.S. citizen.
- AG ¶ 8(e)appliedForeign PreferenceThe applicant never used his Iranian passport.
Key rule quoted
“A security risk may exist when an individual's immediate family... are not citizens of the United States or may be subject to duress.”
Procedural posture
- SOR issuedNov 8, 2006
- Answer filedDec 5, 2006
- Hearing heldMar 14, 2007
- Decision dateJun 15, 2007Decision on remand.
Cite for
- Foreign Influence Concerns Due to Familial Ties Under Guideline B
- Mitigation of Foreign Preference Issues Under Guideline C
- Personal Conduct Considerations Regarding Perceived Falsification Under Guideline E