ISCR Case 05-11292.h2

Case Headnote

ISCR Case No. 05-11292.h2

grantedSep 12, 2007· Hon. Barry M. Sax· hearing

Summary

A 48-year-old naturalized U.S. citizen, originally from Lebanon, was granted a security clearance under Guideline B (Foreign Influence) despite having immediate family members residing in Lebanon. The applicant has worked in the U.S. defense industry and held a security clearance for over 20 years.

Concerns were raised regarding his elderly mother and several siblings who are citizens and residents of Lebanon. His mother, who holds a U.S. Permanent Resident Card, last visited the U.S. in late 2005. The applicant sends her approximately $500 every two to three months for financial assistance. Additionally, his father-in-law remains in Lebanon, while his mother-in-law resides with the applicant in the U.S. Three brothers-in-law and one sister-in-law are interested in immigrating to the U.S., with one brother-in-law working as a city traffic policeman in Lebanon. The applicant owns a home in Lebanon valued at approximately $78,000 and sent about $35,000 to a brother-in-law to construct it. He has traveled to Lebanon four times since 1991, with his last visit in August 2005, primarily for his daughters to visit relatives.

The clearance was granted because the applicant's immediate family members are U.S. citizens, mitigating foreign influence concerns. He has a long history of honorable service in the U.S. Navy and a stable career in the defense industry. The applicant also demonstrated a strong commitment to protecting U.S. interests and received positive evaluations from colleagues.

Why the Applicant Prevailed

The applicant's immediate family members are U.S. citizens, reducing foreign influence concerns.
He has a long history of honorable service in the U.S. Navy and a stable career in the defense industry.
The applicant demonstrated a strong commitment to protecting U.S. interests and received positive evaluations from colleagues.

Conditions Referenced

Disqualifying

B.1.araisedAn Immediate Family Member, or a Person to Whom the Individual Has Close Ties of Affection or Obligation, Is a Citizen Of, or Resident or Present In, a Foreign Country.
B.8raisedA Substantial Financial Interest in a Country, or in Any Foreign-owned or -operated Business That Could Make the Individual Vulnerable to Foreign Influence.

Mitigating

B.2.aappliedA Determination That the Immediate Family Member(s) Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power.

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 28, 2005
Answer filedDec 5, 2005
Hearing heldMar 15, 2006
Decision dateSep 12, 2007Decision on remand.

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Family Citizenship Status in Security Clearance Determinations
Consideration of an Applicant's Long-term Commitment to U.S. Interests in Clearance Decisions.

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
1.a	Applicant’s mother (73) is a citizen and resident of Lebanon, but now holds a U.S. Permanent Resident Card and makes visits to Applicant in the U.S., the last time being in late 2005. Her age and health problems make it unlikely she will be able to return to the U.S. His three sisters, and two brothers remain citizens and residents of Lebanon.	For Applicant	Parent in Foreign Country Immediate Family	Lebanon 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	Credited Deep U.S. Ties
1.b	Applicant’s father-in-law and mother-in-law hold U.S. Permanent Resident Cards. The father-in-law is still in Lebanon, but the mother-in-law has come back to the U.S. and resides with Applicant and his wife. His three brothers-in-law are interested in immigrating to the U.S., as is one sister-in-law. One brother-in-law is a city traffic policeman. Other than that, none of his relatives have any connection with any level of government in Lebanon.	For Applicant	In Law in Foreign Country Immediate Family	Lebanon 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	Credited Deep U.S. Ties
1.c	Applicant sends his mother approximately $500.00 every two to three months, to assist her financially. Lebanon does not have any system like Social Security.	For Applicant	Financial Support to Foreign Relative Immediate Family	Lebanon 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	—	Claimed Financial Event Outside Control
1.d	Applicant owns a home in Lebanon valued at approximately $78,000.00. His home in the U.S. is worth about ten times that figure, and he has significant additional net worth.	For Applicant	Foreign Real Estate Financial or Property Interest	Lebanon 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	—	Claimed Foreign Assets Divested
1.e	Applicant sent approximately $35,000.00 to his brother-in-law (a civil engineer) in Lebanon, to construct the home in which Applicant and his family can stay when visiting Lebanon.	For Applicant	Financial Support to Foreign Relative Immediate Family	Lebanon 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	—	Claimed Financial Event Outside Control
1.f	Applicant traveled to Lebanon in 1991 and has returned three times since then. His last visit was in August 2005. He visits Lebanon primarily so that his daughters can get to know their uncles, aunts, and cousins. They all have and use only U.S. passports.	For Applicant	Unspecified Foreign Relationship Other	Lebanon 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	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s mother (73) is a citizen and resident of Lebanon, but now holds a U.S. Permanent Resident Card and makes visits to Applicant in the U.S., the last time being in late 2005. Her age and health problems make it unlikely she will be able to return to the U.S. His three sisters, and two brothers remain citizens and residents of Lebanon.

For Applicant

Parent in Foreign Country

Immediate Family

Lebanon

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

Credited

Deep U.S. Ties

1.b

Applicant’s father-in-law and mother-in-law hold U.S. Permanent Resident Cards. The father-in-law is still in Lebanon, but the mother-in-law has come back to the U.S. and resides with Applicant and his wife. His three brothers-in-law are interested in immigrating to the U.S., as is one sister-in-law. One brother-in-law is a city traffic policeman. Other than that, none of his relatives have any connection with any level of government in Lebanon.

For Applicant

In Law in Foreign Country

Immediate Family

Lebanon

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

Credited

Deep U.S. Ties

1.c

Applicant sends his mother approximately $500.00 every two to three months, to assist her financially. Lebanon does not have any system like Social Security.

For Applicant

Financial Support to Foreign Relative

Immediate Family

Lebanon

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

—

Claimed

Financial Event Outside Control

1.d

Applicant owns a home in Lebanon valued at approximately $78,000.00. His home in the U.S. is worth about ten times that figure, and he has significant additional net worth.

For Applicant

Foreign Real Estate

Financial or Property Interest

Lebanon

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

—

Claimed

Foreign Assets Divested

1.e

Applicant sent approximately $35,000.00 to his brother-in-law (a civil engineer) in Lebanon, to construct the home in which Applicant and his family can stay when visiting Lebanon.

For Applicant

Financial Support to Foreign Relative

Immediate Family

Lebanon

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

—

Claimed

Financial Event Outside Control

1.f

Applicant traveled to Lebanon in 1991 and has returned three times since then. His last visit was in August 2005. He visits Lebanon primarily so that his daughters can get to know their uncles, aunts, and cousins. They all have and use only U.S. passports.

For Applicant

Unspecified Foreign Relationship

Other

Lebanon

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

Credited

Deep U.S. Ties

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Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision