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Summary

The applicant, a 28-year-old defense contractor and U.S. citizen originally from Afghanistan, faced security concerns under Guideline B due to foreign influence from family members still residing in Afghanistan. The applicant mitigated these concerns by demonstrating that his immediate family members were in the process of immigrating to the U.S. and had no knowledge of his work as an interpreter for U.S. forces. The judge concluded that the applicant's strong ties and contributions to the U.S. military outweighed the potential risks.

Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant’s 44-year-old mother is a citizen and, at present, a resident of Afghanistan. She is a “housewife,” has been granted a visa to immigrate to the United States, and has no knowledge that Applicant works as an interpreter (1.a). Applicant’s 51-year-old father is a citizen of Afghanistan, but resides in the United States. He is “a semi-truck driver,” as evidenced by a photo copy of his “Commercial Driver License,” and his “Permanent Resident” status is evidence by a photo copy of his U.S. Government identification card (1.b). Applicant has four Afghan sisters, ages 25, 23, 20, and 12. Of the three adult sisters, one lives in Italy, and the other two sisters are housewives, married to doctors, and live in Afghanistan. None of Applicant’s sisters have any connection to the Afghan government, and they have no knowledge that Applicant works as an interpreter (1.c). Applicant has three Afghan brothers, ages 16, 14, and 6. These minor brothers, and his 12 year old sister noted above, are being sponsored for immigrant status to the United States, by Applicant’s permanent-resident father. They have no knowledge that Applicant works as an interpreter (1.d). Applicant’s Afghan “fiancée” and “friend” are one and the same person. Applicant and his fiancée are now married. His wife has been granted a visa to immigrate to the United States, and has no knowledge that Applicant works as an interpreter (1.e). Applicant’s friend is a citizen and resident of the United States. This is evidenced by a photo copy of his U.S. passport (1.f). Applicant admits sending, in the past, $1,000 each month to support his mother and four minor siblings. Once they immigrate to the United States, he will cease this support. Applicant has $50,000 in U.S. savings, and has been approved for a $270,000 loan for a house valued at $300,000 (1.h).

The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b). The decision turned on the following: Applicant's immediate family members are in the process of immigrating to the U.S; Family members have no knowledge of the applicant's work as an interpreter; The applicant has a distinguished history of service with U.S. forces, supported by awards and recommendations.

Why the applicant prevailed

• Applicant's immediate family members are in the process of immigrating to the U.S.
• Family members have no knowledge of the applicant's work as an interpreter.
• The applicant has a distinguished history of service with U.S. forces, supported by awards and recommendations.

Conditions referenced

Key rule quoted

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

Procedural posture

• SOR issuedFeb 29, 2016
• Answer filed—
• Hearing heldJan 25, 2017
• Decision dateJul 17, 2017

Cite for

• Mitigation of Foreign Influence Concerns Under Guideline B
• Consideration of Family Immigration Status in Security Clearance Cases
• Whole-person Analysis in Security Clearance Determinations