ISCR Case 14-06931.h1

Case Headnote

ISCR Case No. 14-06931.h1

deniedOct 5, 2016· Hon. Arthur E. Marshall, Jr.· hearing

Summary

A 36-year-old naturalized U.S. citizen, originally from Afghanistan, was denied a security clearance under Guideline B (Foreign Influence) due to his close ties to family members residing in Afghanistan. The applicant's wife, mother, siblings, and other extended family members are citizens and residents of Afghanistan. He maintains weekly telephonic contact with his mother and siblings and provides them with monetary support.

Between 2008 and 2015, the applicant sent at least $28,000 to his family in Afghanistan. He is also a co-owner of a residential property in Afghanistan, valued at approximately $100,000.

Despite the applicant's positive professional history and contributions to U.S. military efforts, the judge determined that his ongoing financial support and communication with relatives in Afghanistan, a country with significant instability and terrorism risks, created a heightened risk of foreign exploitation. Consequently, the security clearance was denied.

Why the Applicant Was Denied

The applicant maintained close ties with multiple family members in Afghanistan, including financial support and regular communication, which raised concerns of foreign influence.
The judge found that the applicant's connections to Afghanistan, a country with ongoing instability and terrorism risks, created a heightened risk of foreign exploitation.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections Creating Potential Conflict of Interest
AG ¶ 7(d)raisedSharing Living Quarters with Foreign Persons
AG ¶ 7(e)raisedSubstantial Financial Interest in a Foreign Country

Mitigating

AG ¶ 8(a)rejectedNature of Relationships with Foreign PersonsThe applicant's close ties to family members in Afghanistan did not mitigate the risks.
AG ¶ 8(b)appliedNo Conflict of InterestThe applicant's loyalty to the U.S. was acknowledged, but not sufficient to mitigate the risks.
AG ¶ 8(c)rejectedCasual and Infrequent Contact with Foreign CitizensThe applicant's regular communication with immediate family members was not considered casual.

Key Rule Quoted

“Family ties to residents or citizens of a foreign country do not per se disqualify an applicant from obtaining access to sensitive information; such ties are only disqualifying if they create a heightened risk of foreign exploitation or a potential conflict of interest.”

Procedural Posture

SOR issuedAug 20, 2015
Answer filedSep 7, 2015Applicant admitted six of eight allegations.
Hearing held—Decision based on written record.
Decision dateOct 5, 2016

Cite For

Denial of Clearance Due to Foreign Influence Under Guideline B
Impact of Family Ties in Foreign Countries on Security Clearance Eligibility
Consideration of Risks Associated with Foreign Contacts in Unstable Regions

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 wife is a citizen of Afghanistan with family yet remaining in 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	—	—
1.b	Applicant’s mother, siblings, and some extended family members and associates are citizens and residents of Afghanistan.	Against 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	—	—
1.c	Applicant maintains weekly telephonic contact with his mother and siblings.	Against 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	—	—
1.d	Applicant wires monetary support to his widowed mother and siblings.	Against Applicant	Financial Support to Foreign Relative 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	—	—
1.e	Applicant is co-owner of the residential property in Afghanistan, valued at approximately $100,000.	For Applicant	Foreign Real Estate Financial or Property Interest	Afghanistan HEIGHTENED RISK	Admitted	(e) shared living quarters creating a heightened risk	—	—
1.f	Applicant’s wife remains a citizen of Afghanistan with family yet remaining in Afghanistan.	Against 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	—	—
1.g	Applicant has sent $28,000 to his family members in Afghanistan between 2008 and 2015.	Against Applicant	Financial Support to Foreign Relative 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	—	—
1.h	Applicant’s family members were the recipients of at least $28,000 between 2008 and 2015.	Against Applicant	Financial Support to Foreign Relative 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	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s wife is a citizen of Afghanistan with family yet remaining in 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

—

1.b

Applicant’s mother, siblings, and some extended family members and associates are citizens and residents of Afghanistan.

Against 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

—

1.c

Applicant maintains weekly telephonic contact with his mother and siblings.

Against 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

—

1.d

Applicant wires monetary support to his widowed mother and siblings.

Against Applicant

Financial Support to Foreign Relative

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

—

1.e

Applicant is co-owner of the residential property in Afghanistan, valued at approximately $100,000.

For Applicant

Foreign Real Estate

Financial or Property Interest

Afghanistan

HEIGHTENED RISK

Admitted

(e) shared living quarters creating a heightened risk

—

1.f

Applicant’s wife remains a citizen of Afghanistan with family yet remaining in Afghanistan.

Against 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

—

1.g

Applicant has sent $28,000 to his family members in Afghanistan between 2008 and 2015.

Against Applicant

Financial Support to Foreign Relative

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

—

1.h

Applicant’s family members were the recipients of at least $28,000 between 2008 and 2015.

Against Applicant

Financial Support to Foreign Relative

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

—

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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

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES