Summary
A 55-year-old U.S. citizen, originally from Iraq, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons outlined several allegations, including that the applicant's wife, daughter, mother, brother, older sister, and mother-in-law are citizens and residents of Iraq. His younger sister is an Iraqi citizen residing in Jordan. The applicant maintains regular contact with his family in Iraq, a country identified as high-risk for kidnapping and terrorist violence, and contacts his sister in Jordan annually.
Further concerns arose because the applicant held a valid Iraqi passport after becoming a U.S. citizen and continues to receive a retirement pension from the Iraqi government for his prior military service. These conditions raised disqualifying concerns under Guideline B, specifically regarding foreign influence through family ties in a high-risk country, and under Guideline C, indicating a potential preference for foreign benefits.
While mitigating conditions were considered, the judge ultimately found that the applicant failed to adequately address the heightened risk of foreign influence posed by his family in Iraq and the foreign preference demonstrated by his continued receipt of an Iraqi government pension. Consequently, the security clearance application was denied.
Why the Applicant Was Denied
- The applicant has family members residing in Iraq, a high-risk country for kidnapping and terrorist violence, creating a heightened risk of foreign influence.
- The applicant continues to receive a retirement pension from the Iraqi government, indicating a preference for foreign benefits over U.S. interests.
Conditions Referenced
- AG ¶ 7(a)appliedContact with Foreign Family Members
- AG ¶ 7(d)appliedSharing Living Quarters with Foreign Persons
- AG ¶ 10(a)raisedPossession of a Current Foreign Passport
- AG ¶ 10(c)raisedAccepting Benefits From a Foreign Country
- AG ¶ 11(c)rejectedExercise of Foreign Citizenship Rights Before U.S. CitizenshipThe applicant continues to receive a pension from the Iraqi government.
- AG ¶ 11(e)appliedSurrender of Foreign Passport
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedNov 10, 2015
- Answer filedDec 8, 2015
- Hearing heldJul 20, 2016
- Decision dateSep 12, 2016
Cite For
- Heightened Risk of Foreign Influence Due to Family Ties in a High-risk Country
- Foreign Preference Concerns Arising From Receipt of Foreign Government Benefits
- Impact of Foreign Family Connections on Security Clearance Eligibility