ISCR Case 14-04576.h1

Case Headnote

ISCR Case No. 14-04576.h1

grantedJul 21, 2016· Hon. Stephanie C. Hess· hearing

Summary

A 39-year-old naturalized U.S. citizen, originally from Afghanistan, was granted a security clearance after addressing concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons highlighted several issues, including the applicant's possession of a valid Afghanistan passport and the fact that his wife, parents, in-laws, two brothers, and one sister are all citizens and residents of Afghanistan. Additionally, his father worked for the Afghan ministry of commerce, and his father-in-law worked for the Afghan presidential palace.

To mitigate these concerns, the applicant surrendered his foreign passport and formally renounced his Afghanistan citizenship. He demonstrated strong ties to the United States through his family's immigration to the U.S. and his own naturalization.

The judge ultimately granted the security clearance, finding that the applicant had established his loyalty to the United States. This decision was based on the resolution of potential conflicts of interest and the applicant's work supporting U.S. military efforts.

Why the Applicant Prevailed

Applicant surrendered his foreign passport and renounced his Afghanistan citizenship.
He demonstrated strong ties to the United States through his family's immigration and his own naturalization.
The applicant's work supporting U.S. military efforts established his loyalty to the U.S.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family MembersContact with family members in Afghanistan created a heightened risk of foreign exploitation.
AG ¶ 7(b)raisedConnections to Foreign PersonsConnections to family members in Afghanistan created a potential conflict of interest.

Mitigating

AG ¶ 11(b)appliedWillingness to Renounce Dual Citizenship
AG ¶ 11(e)appliedPassport Has Been Destroyed or Invalidated
AG ¶ 8(b)appliedMinimal Conflict of Interest

Key Rule Quoted

“"The United States has a compelling interest in protecting and safeguarding classified information from any person, organization, or country that is not authorized to have access to it, regardless of whether that person, organization, or country has interests inimical to those of the United States."”
— ISCR Case No. 02-11570 at 5 (App. Bd. May 19, 2004)

Procedural Posture

SOR issuedNov 25, 2014
Answer filedDec 22, 2014Requested decision on the record without a hearing.
Hearing held—No hearing; decision made on the record.
Decision dateJul 21, 2016

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Mitigation of Foreign Preference Concerns Under Guideline C
Demonstration of Loyalty to the U.S. Through Family Immigration and Personal History

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
2.a	Applicant’s wife is a citizen of Afghanistan.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Afghanistan 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 (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties Credited Foreign Passport Surrendered
2.b	Applicant’s parents are citizens and residents of Afghanistan.	For Applicant	Parent in Foreign Country Immediate Family	Afghanistan 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 (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
2.c	Applicant’s in-laws are citizens and residents of Afghanistan.	For Applicant	In Law in Foreign Country Immediate Family	Afghanistan 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 (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
2.d	Applicant’s father worked for the Afghan ministry of commerce since 1975 as a trade attaché.	For Applicant	Unspecified Foreign Relationship Other GOVT-AFFILIATED	Afghanistan HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	Claimed Deep U.S. Ties
2.e	Applicant’s father-in-law worked as a maintenance officer for the Afghan presidential palace.	For Applicant	Unspecified Foreign Relationship Other GOVT-AFFILIATED	Afghanistan HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	Claimed Deep U.S. Ties
2.f	Applicant has two brothers and one sister who are citizens and residents of Afghanistan.	For Applicant	Sibling in Foreign Country Immediate Family	Afghanistan 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 (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant’s wife is a citizen of Afghanistan.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Afghanistan

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

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

Credited

Deep U.S. Ties

Credited

Foreign Passport Surrendered

2.b

Applicant’s parents are citizens and residents of Afghanistan.

For Applicant

Parent in Foreign Country

Immediate Family

Afghanistan

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

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

Credited

Deep U.S. Ties

2.c

Applicant’s in-laws are citizens and residents of Afghanistan.

For Applicant

In Law in Foreign Country

Immediate Family

Afghanistan

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

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

Credited

Deep U.S. Ties

2.d

Applicant’s father worked for the Afghan ministry of commerce since 1975 as a trade attaché.

For Applicant

Unspecified Foreign Relationship

Other

GOVT-AFFILIATED

Afghanistan

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

—

Claimed

Deep U.S. Ties

2.e

Applicant’s father-in-law worked as a maintenance officer for the Afghan presidential palace.

For Applicant

Unspecified Foreign Relationship

Other

GOVT-AFFILIATED

Afghanistan

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

—

Claimed

Deep U.S. Ties

2.f

Applicant has two brothers and one sister who are citizens and residents of Afghanistan.

For Applicant

Sibling in Foreign Country

Immediate Family

Afghanistan

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

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

Credited

Deep U.S. Ties

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant possesses a valid Afghanistan passport.	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (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	Documented Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant possesses a valid Afghanistan passport.

For Applicant

Foreign Passport Possession or Use

Admitted

(a) applying for and/or acquiring citizenship in any other country

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(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

Documented

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

FOOTNOTES