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Summary

The 44-year-old Applicant, a naturalized U.S. citizen originally from Egypt, resides in the U.S. with his U.S. citizen wife and four U.S. born children. The case involved security concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The judge found that the Applicant mitigated these concerns through strong ties to the U.S. and credible evidence of loyalty, resulting in a granted security clearance.

Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Applicant’s 68-year-old mother is an Egyptian citizen and a permanent resident of the U.S. After receiving her “green card” in 1994, she moved to the U.S. and resides with Applicant and his family (2.a). Applicant’s mother-in-law, father-in-law, sister-in-law, and brother-in-law are resident citizens of Egypt (2.b). Since arriving in the U.S., Applicant traveled to Egypt on four separate occasions (2.c). Before beginning employment with his current employer, Applicant closed down his bagel business in 2002. As part of the liquidation process and as part of his responsibilities, he transferred the remaining share of $1,500.00 to $2,000.00 to one of his former business partners, who happened to be vacationing in Egypt (2.d). Applicant sent $2,000.00 to a U.S. citizen friend’s father in Egypt for his medical care in 2001 (2.e). Applicant’s sister and brother-in-law are citizens of Egypt and residents of the United Arab Emirates (2.f). Applicant held dual citizenship as an Egyptian as a result of birth in Egypt to Egyptian parents (1.a). Applicant possessed an Egyptian passport issued to him in May 1992, which was the only passport he was eligible to have until he became a U.S. citizen in January 1994 (1.b). The SOR alleged Applicant retained his Egyptian passport in order to eliminate Egyptian visa requirements (1.c).

The judge granted the clearance. The government raised disqualifying conditions B.1, C.1. The judge applied mitigating conditions B.2, C.2. The decision turned on the following: Applicant has strong connections to the U.S. through family and citizenship; He renounced his Egyptian citizenship and returned his expired Egyptian passport; The judge found credible evidence of Applicant's loyalty and dedication to the U.S.

Why the Applicant Prevailed

• Applicant has strong connections to the U.S. through family and citizenship.
• He renounced his Egyptian citizenship and returned his expired Egyptian passport.
• The judge found credible evidence of Applicant's loyalty and dedication to the U.S.

Conditions Referenced

Key Rule Quoted

“The overarching adjudicative goal is a fair, impartial and common sense decision.”

Procedural Posture

• SOR issuedNov 3, 2005
• Answer filedNov 22, 2005
• Hearing heldAug 24, 2006
• Decision dateApr 30, 2007

Cite For

• Mitigation of Foreign Influence Concerns Under Guideline B
• Mitigation of Foreign Preference Concerns Under Guideline C
• Consideration of the Whole Person Concept in Security Clearance Decisions.