Summary
A 42-year-old U.S. citizen engineer, originally from Iran, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant's father and in-laws are Iranian citizens, and the applicant maintained contact with these family members in Iran. The Statement of Reasons noted that the applicant traveled to Iran using his Iranian passport in November 1999, September/October 2002, and August/September 2003, after becoming a U.S. citizen in August 1999. He also applied for an extension of his Iranian passport in August 2002.
While Iranian law makes it difficult for dual citizens to travel to Iran without an Iranian passport, the applicant's possession and use of the Iranian passport after becoming a U.S. citizen raised concerns about foreign preference. However, the applicant provided proof that his Iranian passport expired on April 22, 2007, and stated he does not intend to renew it, which mitigated the Guideline C concerns.
Ultimately, the security clearance was denied based on Guideline B. The judge found that the applicant's significant family ties in Iran, particularly with his father, created a heightened risk of foreign influence. These relationships were deemed to raise concerns about potential coercion or pressure from foreign interests, and the applicant's contacts with family members in Iran were considered significant enough to outweigh his ties to the U.S.
Why the Applicant Was Denied
- The applicant has significant family ties in Iran, including a father and in-laws who are Iranian citizens, creating a heightened risk of foreign influence.
- The applicant's relationship with his father and in-laws raises concerns about potential coercion or pressure from foreign interests.
- The applicant's contacts with family members in Iran were deemed significant enough to outweigh his ties to the U.S.
Conditions Referenced
- FI DC 7(a)raisedContact with Family Members Who Are Citizens of or Reside in a Foreign Country
- FI DC 7(b)raisedConnections to a Foreign Person, Group, Government, or Country That Create a Potential Conflict of Interest
- FI DC 7(d)raisedSharing Living Quarters with a Person That Creates a Heightened Risk of Foreign Inducement
- FP DC 10(a)raisedExercise of Any Right, Privilege or Obligation of Foreign Citizenship After Becoming a U.S. Citizen
- FP DC 10(b)raisedAction to Acquire or Obtain Recognition of a Foreign Citizenship by an American Citizen
- FI MC 8(a)rejectedNature of the Relationship with Foreign Persons Is Unlikely to Create a Conflict of InterestThe applicant did not meet the burden to show that his family ties do not pose a security risk due to Iran's hostile relationship with the U.S.
- FI MC 8(b)rejectedNo Conflict of Interest Due to Minimal Loyalty to Foreign PersonsThe applicant's relationship with his father and in-laws cannot be considered minimal.
- FI MC 8(c)rejectedContact with Foreign Citizens Is Casual and InfrequentThe applicant's contact with family members in Iran is not casual or infrequent.
- FP MC 11(e)appliedPassport Has Been Destroyed or InvalidatedThe applicant's Iranian passport expired and he does not intend to renew it.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedDec 21, 2007
- Answer filedFeb 15, 2008Requested determination on the written record.
- Hearing held—
- Decision dateJun 9, 2008
Cite For
- Heightened Risk of Foreign Influence Due to Familial Ties Under Guideline B
- Mitigation of Foreign Preference Concerns When the Applicant No Longer Possesses a Valid Foreign Passport
- The Burden of Persuasion on the Applicant to Demonstrate That Foreign Family Ties Do Not Pose a Security Risk.