Summary
The applicant, a 39-year-old naturalized U.S. citizen from Sudan, sought a security clearance under Guideline B concerning foreign influence. Despite having family members in Sudan, the applicant demonstrated stronger ties to the U.S. and mitigated concerns regarding potential foreign influence through his service with the U.S. military and limited contact with his relatives. The judge granted the security clearance, finding no heightened risk of exploitation or coercion.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant's parents, oldest son, and siblings are citizens and residents of Sudan (1.a). Applicant has a half-brother who is a major serving as a medic in the Sudanese Army (1.b). Applicant has a half-brother who is a citizen of Sudan living in the U.S (1.c). Applicant's oldest son is a citizen and resident in Sudan (1.d). Applicant has four brothers, two sisters, a half-brother, and three half-sisters who are citizens and residents of Sudan (1.e). Applicant has little contact with his relatives in Sudan (1.f). Applicant has sent money to his father in Sudan for medical treatment (1.g). Applicant's wife and her children are citizens of Sudan residing with Applicant in the U.S (1.h). Applicant's wife is a permanent resident who has applied for naturalization (1.i). Applicant has two daughters and a son, all of whom were born in the U.S (1.j).
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 has lived in the U.S. since 2000 and is a naturalized citizen; He has significant ties to the U.S. through his wife and children, who are U.S. citizens; The applicant's service as an interpreter for the U.S. Army in Iraq demonstrated loyalty and reliability.
Why the Applicant Prevailed
- Applicant has lived in the U.S. since 2000 and is a naturalized citizen.
- He has significant ties to the U.S. through his wife and children, who are U.S. citizens.
- The applicant's service as an interpreter for the U.S. Army in Iraq demonstrated loyalty and reliability.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to a Foreign Country
- AG ¶ 8(a)appliedNature of Relationships with Foreign Persons
- AG ¶ 8(b)appliedMinimal Conflict of Interest
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedFeb 13, 2008
- Answer filedMar 4, 2008
- Hearing heldApr 22, 2008
- Decision dateJul 16, 2008
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Significance of U.S. Ties in Foreign Influence Cases
- Impact of Military Service on Security Clearance Decisions