ISCR Case 14-03947.h1

Case Headnote

ISCR Case No. 14-03947.h1

grantedMay 12, 2015· Hon. Richard A. Cefola· hearing

Summary

A 59-year-old naturalized U.S. citizen, originally from Iran, was granted a security clearance despite concerns under Guidelines B (Foreign Influence) and C (Foreign Preference). The applicant immigrated to the U.S. in 1995 and became a citizen in 2001. Although Iranian law prevented him from renouncing his Iranian citizenship, he demonstrated his commitment to the U.S. by surrendering his Iranian passport for destruction in 2013, over a year before the Statement of Reasons was issued. He had used this passport only once in 20 years to visit an ailing uncle in 2010 and stated he has no intention of returning to Iran.

Concerns also arose from his family's ties to Iran. His wife and children are dual nationals, but both would renounce their Iranian citizenship if permitted. His wife travels to Iran to visit her terminally ill mother, who previously held a U.S. Green Card. The applicant has limited contact with his two half-sisters, mother-in-law, brother-in-law, and two sisters-in-law, all of whom are citizens and residents of Iran. His brother is a dual national with the UK and Iran, residing in the UK for decades.

The applicant also addressed inherited property in Iran. He co-owned an apartment valued at about $60,000, but granted his interest to his brother. His wife co-owned another apartment valued at about $70,000, giving her brother in Iran complete control and benefit of her share. With a U.S. net worth between $400,000 and $500,000, these foreign assets were a small portion of his overall finances. Ultimately, the judge granted the security clearance, citing the applicant's surrender of his Iranian passport, lack of intent to return to Iran, minimal contact with relatives there, and his family's willingness to renounce Iranian citizenship.

Why the Applicant Prevailed

The applicant surrendered his Iranian passport for destruction, demonstrating a commitment to U.S. citizenship.
He has no intention of returning to Iran and has minimal contact with his relatives there.
The applicant's family members, including his wife and children, would renounce their Iranian citizenship if permitted.

Conditions Referenced

Disqualifying

C1raisedForeign Preference
B2raisedForeign Influence

Mitigating

C11appliedMitigating Foreign PreferenceThe applicant's passport has been surrendered to the cognizant security authority.
B1appliedMitigating Foreign InfluenceThe nature of the relationships with foreign persons is such that it is unlikely the individual will be placed in a position of having to choose between the interests of a foreign individual and the interests of the U.S.

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedDec 12, 2014
Answer filedDec 30, 2014
Hearing heldApr 13, 2015rescheduled due to applicant retaining counsel
Decision dateMay 12, 2015

Cite For

Mitigation of Foreign Preference Under Guideline C
Mitigation of Foreign Influence Under Guideline B
Whole-person Concept in Security Clearance Evaluations

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 50 year-old wife is a dual national with the United States and with Iran. She immigrated to the United States in 1995 with Applicant, is “a dental assistant,” became a U.S. citizen about the same time as did Applicant, and does “not have any affiliation, obligation, or tendency to have [any] connection whatsoever to the government of Iran.” She travels to Iran to visit her sickly mother, “who obtained [a] U.S. Green card [and] used to live in the United States,” “several times.” Applicant’s wife uses her Iranian passport to enter Iran and her U.S. passport to exit Iran. She avers that, “If possible . . . [she] will certainly renounce [her] Iranian citizenship in a formal way.”	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Iran HEIGHTENED RISK	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.b	Applicant’s children are dual nationals with the United States and with Iran. His son is a PhD candidate at an American university, and his daughter attends an American junior college. They would both willingly renounce their Iranian citizenship if Iran permitted it.	For Applicant	Unspecified Foreign Relationship Immediate Family	Iran HEIGHTENED RISK	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.c	Applicant’s brother is a dual national with the United Kingdom (UK) and with Iran. He has lived in the UK for “25 to 30 years,” used to teach “English in colleges,” but is currently undergoing “cancer treatment.”	For Applicant	Sibling in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Admitted	—	—	—
2.d	Applicant’s two half-sisters are citizens and residents of Iran. They are housewives, in their 60s, and he has little contact with them.	For Applicant	Sibling in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Admitted	—	—	—
2.e	Applicant’s mother-in-law (who is also his aunt as he married a cousin), his brother-in-law, and two sisters-in-law are citizens and residents of Iran. His mother-in-law is terminally ill, and Applicant has little connection with his siblings in-law.	For Applicant	In Law in Foreign Country Extended Family	Iran HEIGHTENED RISK	Admitted	—	—	—
2.f–2.g	2 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant	Unspecified Foreign Relationship Other	—		—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant’s 50 year-old wife is a dual national with the United States and with Iran. She immigrated to the United States in 1995 with Applicant, is “a dental assistant,” became a U.S. citizen about the same time as did Applicant, and does “not have any affiliation, obligation, or tendency to have [any] connection whatsoever to the government of Iran.” She travels to Iran to visit her sickly mother, “who obtained [a] U.S. Green card [and] used to live in the United States,” “several times.” Applicant’s wife uses her Iranian passport to enter Iran and her U.S. passport to exit Iran. She avers that, “If possible . . . [she] will certainly renounce [her] Iranian citizenship in a formal way.”

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Iran

HEIGHTENED RISK

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

2.b

Applicant’s children are dual nationals with the United States and with Iran. His son is a PhD candidate at an American university, and his daughter attends an American junior college. They would both willingly renounce their Iranian citizenship if Iran permitted it.

For Applicant

Unspecified Foreign Relationship

Immediate Family

Iran

HEIGHTENED RISK

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

2.c

Applicant’s brother is a dual national with the United Kingdom (UK) and with Iran. He has lived in the UK for “25 to 30 years,” used to teach “English in colleges,” but is currently undergoing “cancer treatment.”

For Applicant

Sibling in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Admitted

—

2.d

Applicant’s two half-sisters are citizens and residents of Iran. They are housewives, in their 60s, and he has little contact with them.

For Applicant

Sibling in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Admitted

—

2.e

Applicant’s mother-in-law (who is also his aunt as he married a cousin), his brother-in-law, and two sisters-in-law are citizens and residents of Iran. His mother-in-law is terminally ill, and Applicant has little connection with his siblings in-law.

For Applicant

In Law in Foreign Country

Extended Family

Iran

HEIGHTENED RISK

Admitted

—

2.f–2.g

2 sub-charges — specific text not stated in this decision (for the applicant).

For Applicant

Unspecified Foreign Relationship

Other

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The 59 year-old Applicant immigrated to the United States in 1995, and became a naturalized U.S. citizen in 2001. Under Iranian law, he is unable to renounce his Iranian citizenship, however, he would renounce it if could. Applicant retained his Iranian passport after becoming a U.S. citizen, extending it in 2004, and renewing it in 2008. He used this passport once, in the 20 years he has lived in the United States, to visit his ailing uncle in 2010. Applicant’s uncle passed away soon after this visit, and Applicant has no intention of ever returning to Iran. In August of 2013, more than a year prior to the issuance of the SOR, Applicant “surrendered his Iranian passport for destruction” to his Facility Security Officer, as evidenced by a letter from the “CEO” of the corporation where Applicant is employed. He has no intention to visit Iran in the future.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	—
1.b	Applicant co-owns with his brother, through an inheritance, an apartment in Iran valued at about $60,000. His share is about $20,000. By a Grant Deed, he has recently granted “any and all interest . . . in the property” to his brother. Applicant’s net worth in the United States is between $400,000~$500,000.	For Applicant	Unspecified Foreign Preference	Admitted	—	—	—
1.c	Applicant’s wife co-owns, along with her mother, her brother, and two sisters, through an inheritance, an apartment in Iran valued at about $70,000. She has “given . . . [her] brother living in Iran the complete control and benefit of . . . [this her] inheritance . . . .” Again, Applicant’s net worth in the United States is between $400,000~$500,000.	For Applicant	Unspecified Foreign Preference	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The 59 year-old Applicant immigrated to the United States in 1995, and became a naturalized U.S. citizen in 2001. Under Iranian law, he is unable to renounce his Iranian citizenship, however, he would renounce it if could. Applicant retained his Iranian passport after becoming a U.S. citizen, extending it in 2004, and renewing it in 2008. He used this passport once, in the 20 years he has lived in the United States, to visit his ailing uncle in 2010. Applicant’s uncle passed away soon after this visit, and Applicant has no intention of ever returning to Iran. In August of 2013, more than a year prior to the issuance of the SOR, Applicant “surrendered his Iranian passport for destruction” to his Facility Security Officer, as evidenced by a letter from the “CEO” of the corporation where Applicant is employed. He has no intention to visit Iran in the future.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

—

1.b

Applicant co-owns with his brother, through an inheritance, an apartment in Iran valued at about $60,000. His share is about $20,000. By a Grant Deed, he has recently granted “any and all interest . . . in the property” to his brother. Applicant’s net worth in the United States is between $400,000~$500,000.

For Applicant

Unspecified Foreign Preference

Admitted

—

1.c

Applicant’s wife co-owns, along with her mother, her brother, and two sisters, through an inheritance, an apartment in Iran valued at about $70,000. She has “given . . . [her] brother living in Iran the complete control and benefit of . . . [this her] inheritance . . . .” Again, Applicant’s net worth in the United States is between $400,000~$500,000.

For Applicant

Unspecified Foreign Preference

Admitted

—

Loading case…

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