ISCR Case 04-11375.h1

Case Headnote

ISCR Case No. 04-11375.h1

deniedDec 8, 2008· Hon. Darlene Lokey Anderson· hearing

Summary

A 61-year-old dual citizen of Iran and the United States, holding a doctorate in Electrical Engineering, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant maintained close ties with family in Iran, including a 95-year-old mother and siblings. His mother and sister receive pensions from the Iranian government, and his sister's husband is a retired Iranian Air Force Colonel. The applicant also owned a condominium in Iran, valued at approximately $300,000, which he recently transferred to his brothers without expectation of reimbursement.

The applicant regularly communicated with his mother and brother in Iran. He also traveled to Iran using his Iranian passport on three occasions after becoming a U.S. citizen and stated he does not wish to relinquish his Iranian citizenship. While he has significant financial holdings in the U.S. and good credit, the judge found that his connections and actions posed a risk of foreign influence and exploitation.

Specifically, the denial was based on his dual citizenship, his close relationships with family members residing in Iran, and his use of an Iranian passport for travel after naturalization, which indicated a preference for foreign citizenship. The judge concluded that these factors presented an unacceptable risk, leading to the denial of the security clearance.

Why the Applicant Was Denied

The applicant is a dual citizen of Iran and the United States, which raised concerns about foreign preference.
The applicant maintained close relationships with family members residing in Iran, creating potential for foreign influence.
The applicant traveled to Iran using his Iranian passport after naturalization, indicating a preference for foreign citizenship.

Conditions Referenced

Disqualifying

C10(a)raisedExercise of Any Right, Privilege or Obligation of Foreign Citizenship After Becoming a United States Citizen
B7(a)raisedContact with a Foreign Family Member, Business or Professional Associate, Friend, or Other Person Who Is a Citizen of or Resident of a Foreign Country

Key Rule Quoted

“An individual who demonstrates a foreign connection may be prone to provide information or make decisions that are harmful to the interests of the United States.”

Procedural Posture

SOR issuedJul 24, 2008
Answer filedAug 12, 2008
Hearing heldNov 12, 2008
Decision dateDec 8, 2008

Cite For

Foreign Preference Concerns Due to Dual Citizenship Under Guideline C
Foreign Influence Risks Associated with Family Ties in Iran Under Guideline B
Impact of Foreign Travel on Security Clearance Eligibility

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	The Applicant has a close and continuing relationship with his family in Iran. His 95 year old mother, a retired medical doctor, and his sister, a retired University professor, are citizens and residents of Iran. His brother, who is two years older than the Applicant and also married to an American citizen, is a resident of Iran. They moved back to Iran take care of the Applicant’s mother. The Applicant’s contact with his mother has decreased over the years, however he presently telephones her, once every two months or so to check on her. He e-mails his brother about once a week or once every two weeks.	Against Applicant	Parent in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Unknown	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.b	His mother receives a pension from the Iranian government for her husband’s service to the country. His sister also receives a pension from the Iranian government. Her husband is a retired Colonel in the Iranian Air Force. When his mother dies, he stands to inherit some assets in Iran.	Against Applicant	Parent in Foreign Country Immediate Family GOVT-AFFILIATED	Iran HEIGHTENED RISK	Unknown	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.c	The Applicant owns a condominium in Iran that he and his wife had built on land that he inherited from his father. The condominium is worth approximately $300,000.00. His mother currently resides either in the condominium or adjacent to it. For some time, the Applicant has rented out the condominium. The rents received went directly to his brother for management fees and maintenance costs. Upon the advice of his attorney, he recently transferred ownership of his property to his two brothers. He states that he is not expecting financial reimbursement for it.	Against Applicant	Foreign Real Estate Financial or Property Interest	Iran HEIGHTENED RISK	Unknown	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.d	The Applicant has significant financial holdings in the United States. He owns a house worth approximately $750,000.00 and has equity of approximately $400,000.00. His credit reports show that he pays his bills on time and has good credit.	Against Applicant	Unspecified Foreign Relationship Other	—	Unknown	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.e	The Applicant hopes to someday be able to go back to Iran, to visit, but not under the present regime. In the event of his mother’s death, he will not go back. He states that he has no intentions of returning to Iran while he maintains a security clearance.	Against Applicant	Unspecified Foreign Relationship Other	—	Unknown	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

The Applicant has a close and continuing relationship with his family in Iran. His 95 year old mother, a retired medical doctor, and his sister, a retired University professor, are citizens and residents of Iran. His brother, who is two years older than the Applicant and also married to an American citizen, is a resident of Iran. They moved back to Iran take care of the Applicant’s mother. The Applicant’s contact with his mother has decreased over the years, however he presently telephones her, once every two months or so to check on her. He e-mails his brother about once a week or once every two weeks.

Against Applicant

Parent in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Unknown

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

—

2.b

His mother receives a pension from the Iranian government for her husband’s service to the country. His sister also receives a pension from the Iranian government. Her husband is a retired Colonel in the Iranian Air Force. When his mother dies, he stands to inherit some assets in Iran.

Against Applicant

Parent in Foreign Country

Immediate Family

GOVT-AFFILIATED

Iran

HEIGHTENED RISK

Unknown

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

—

2.c

The Applicant owns a condominium in Iran that he and his wife had built on land that he inherited from his father. The condominium is worth approximately $300,000.00. His mother currently resides either in the condominium or adjacent to it. For some time, the Applicant has rented out the condominium. The rents received went directly to his brother for management fees and maintenance costs. Upon the advice of his attorney, he recently transferred ownership of his property to his two brothers. He states that he is not expecting financial reimbursement for it.

Against Applicant

Foreign Real Estate

Financial or Property Interest

Iran

HEIGHTENED RISK

Unknown

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

—

2.d

The Applicant has significant financial holdings in the United States. He owns a house worth approximately $750,000.00 and has equity of approximately $400,000.00. His credit reports show that he pays his bills on time and has good credit.

Against Applicant

Unspecified Foreign Relationship

Other

—

Unknown

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

—

2.e

The Applicant hopes to someday be able to go back to Iran, to visit, but not under the present regime. In the event of his mother’s death, he will not go back. He states that he has no intentions of returning to Iran while he maintains a security clearance.

Against Applicant

Unspecified Foreign Relationship

Other

—

Unknown

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

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The Applicant is a dual citizen of Iran and the United States. He specifically acknowledges that.	Against Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
1.b	He does not want to relinquish his Iranian citizenship.	Against Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
1.c	After becoming a United States citizen, he exercised his privilege of foreign citizenship, by traveling to Iran using his Iranian passport on three separate occasions.	Against Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The Applicant is a dual citizen of Iran and the United States. He specifically acknowledges that.

Against Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

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

—

1.b

He does not want to relinquish his Iranian citizenship.

Against Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

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

—

1.c

After becoming a United States citizen, he exercised his privilege of foreign citizenship, by traveling to Iran using his Iranian passport on three separate occasions.

Against Applicant

Foreign Passport Possession or Use

Admitted

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

—

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Case Profile

Summary

Why the Applicant Was Denied

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

CONCLUSION

FORMAL FINDINGS

DECISION