ISCR Case 15-01406.h1

Case Headnote

ISCR Case No. 15-01406.h1

grantedMar 27, 2017· Hon. Francisco Mendez· hearing

Summary

A U.S. citizen, originally from Iraq, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). These concerns stemmed from her parents and a brother residing in Iraq, and her previous possession of an Iraqi passport. Her parents, who receive a small Iraqi government pension, and her brother, who works at a hospital, are her only close relatives in Iraq. Other siblings, including one who fled Iraq due to threats related to the applicant's U.S. military work, now live in the United States. The applicant has actively tried to persuade her parents to relocate to the U.S. and has consistently disclosed her foreign familial connections.

Before becoming a U.S. citizen, the applicant held an Iraqi passport, which she surrendered in 2015. She voted in Iraqi elections in 2005 and 2010, doing so despite death threats from anti-U.S. forces, hoping to promote democracy. She reported this information and has expressed a willingness to renounce her Iraqi citizenship. She has not returned to Iraq since 2005 or 2006, and her family has not received threats since her departure.

The judge found that the applicant's extensive support for U.S. military operations in Iraq, her consistent reporting of threats, and her willingness to renounce foreign citizenship mitigated the security concerns. Her long history of loyalty to the U.S. and strong ties to the country were key factors in the decision to grant her security clearance.

Why the Applicant Prevailed

The applicant demonstrated a long history of loyalty to the U.S. and a commitment to reporting threats against her due to her work with U.S. forces.
She provided substantial evidence of her contributions to U.S. military efforts and the risks she faced, which supported her credibility.
The applicant's willingness to renounce her Iraqi citizenship and her surrender of her Iraqi passport mitigated foreign preference concerns.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Unlikely to Create Conflict
AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong U.S. Ties
AG ¶ 8(e)appliedPrompt Compliance with Reporting Requirements Regarding Foreign Contacts
AG ¶ 11(b)appliedWillingness to Renounce Dual Citizenship
AG ¶ 11(c)appliedExercise of Foreign Citizenship Rights Occurred Before U.S. Citizenship
AG ¶ 11(e)appliedPassport Surrendered to Security Authority

Key Rule Quoted

“An individual is not automatically disqualified from holding a security clearance because they have connections and contacts in a foreign country.”

Procedural Posture

SOR issuedAug 21, 2015
Answer filed—
Hearing heldJan 26, 2017mutually agreed date
Decision dateMar 27, 2017

Cite For

Mitigation of Foreign Influence Concerns Based on Applicant's Loyalty and Service to the U.S.
Consideration of Personal Character and Integrity in Security Clearance Decisions
Impact of Family Ties in Foreign Countries 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	Applicant’s parents and a brother are her only close relatives living in Iraq. Her parents are both retired, though her father continues to work and teach. Her parents receive a small pension from the Iraqi government. Her brother works for a hospital and she last saw him about 10 years ago. He wishes to leave Iraq, but has been unsuccessful in his attempts to obtain a U.S. visa. Applicant has other siblings who now live in the United States, including a brother who also fled Iraq when the family was threatened in 2005 because of Applicant’s work for the U.S. military.	For Applicant	Parent in Foreign Country Immediate Family	Iraq HEIGHTENED RISK	Denied	(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 (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (e) promptly complied with reporting requirements	—
2.b	During her parents’ recent visit to the United States, Applicant and her siblings tried to convince them to move here, as most of the family, including several of their grandchildren, now live in the United States. Applicant continues to try to convince her parents to relocate to the United States. Applicant disclosed her foreign familial connections and contacts on her security clearance application.	For Applicant	Parent in Foreign Country Immediate Family	Iraq HEIGHTENED RISK	Denied	(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 (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (e) promptly complied with reporting requirements	—
2.c	Applicant has a long track record of resolving potential conflicts raised by her foreign relatives in Iraq and her fiduciary responsibilities to the United States in favor of U.S. interests. Of note, for a period of about two years, in the face of constant death threats and during a time when U.S. forces in Iraq were confronting a deadly insurgency, Applicant repeatedly faced down those threats and maintained her fiduciary obligations to the United States.	For Applicant	Parent in Foreign Country Immediate Family	Iraq HEIGHTENED RISK	Denied	(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 (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (e) promptly complied with reporting requirements	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant’s parents and a brother are her only close relatives living in Iraq. Her parents are both retired, though her father continues to work and teach. Her parents receive a small pension from the Iraqi government. Her brother works for a hospital and she last saw him about 10 years ago. He wishes to leave Iraq, but has been unsuccessful in his attempts to obtain a U.S. visa. Applicant has other siblings who now live in the United States, including a brother who also fled Iraq when the family was threatened in 2005 because of Applicant’s work for the U.S. military.

For Applicant

Parent in Foreign Country

Immediate Family

Iraq

HEIGHTENED RISK

Denied

(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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

(e) promptly complied with reporting requirements

—

2.b

During her parents’ recent visit to the United States, Applicant and her siblings tried to convince them to move here, as most of the family, including several of their grandchildren, now live in the United States. Applicant continues to try to convince her parents to relocate to the United States. Applicant disclosed her foreign familial connections and contacts on her security clearance application.

For Applicant

Parent in Foreign Country

Immediate Family

Iraq

HEIGHTENED RISK

Denied

(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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

(e) promptly complied with reporting requirements

—

2.c

Applicant has a long track record of resolving potential conflicts raised by her foreign relatives in Iraq and her fiduciary responsibilities to the United States in favor of U.S. interests. Of note, for a period of about two years, in the face of constant death threats and during a time when U.S. forces in Iraq were confronting a deadly insurgency, Applicant repeatedly faced down those threats and maintained her fiduciary obligations to the United States.

For Applicant

Parent in Foreign Country

Immediate Family

Iraq

HEIGHTENED RISK

Denied

(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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

(e) promptly complied with reporting requirements

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant held an Iraqi passport before becoming a U.S. citizen. This Iraqi passport was set to expire in 2016. Applicant surrendered it to her company’s facility security officer (FSO) in 2015. She voted in Iraqi elections in 2005 and 2010. She did so in defiance of death threats by anti-U.S. forces. She hoped her actions would promote democracy in her country of birth. She voted in Iraqi elections in 2010 through one of Iraq’s consulates or its embassy in the United States. She recognized this was the last time that she would get to do so before becoming a U.S. citizen. She reported this information on her clearance application. She has indicated a willingness to renounce her Iraqi citizenship. She has not returned to Iraq since she left in 2005 or 2006. Applicant and her family have not received any death threats since she left Iraq.	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	—	(a) the foreign citizenship is not in conflict with U.S. national security interests (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests (e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	Documented Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant held an Iraqi passport before becoming a U.S. citizen. This Iraqi passport was set to expire in 2016. Applicant surrendered it to her company’s facility security officer (FSO) in 2015. She voted in Iraqi elections in 2005 and 2010. She did so in defiance of death threats by anti-U.S. forces. She hoped her actions would promote democracy in her country of birth. She voted in Iraqi elections in 2010 through one of Iraq’s consulates or its embassy in the United States. She recognized this was the last time that she would get to do so before becoming a U.S. citizen. She reported this information on her clearance application. She has indicated a willingness to renounce her Iraqi citizenship. She has not returned to Iraq since she left in 2005 or 2006. Applicant and her family have not received any death threats since she left Iraq.

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

—

(a) the foreign citizenship is not in conflict with U.S. national security interests

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests

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

Documented

Other

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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