Summary
The applicant, a 35-year-old U.S. citizen originally from Lebanon, sought a security clearance under Guideline B concerning foreign influence. He admitted to having family ties in Lebanon and the UAE but demonstrated strong ties to the U.S. through his education, employment, and family life. The judge found that the applicant successfully mitigated concerns regarding foreign influence due to the nature of his relationships and his established loyalty to the U.S.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant’s mother was born in Lebanon in February 1948. She moved to the UAE in 1987 with the rest of the immediate family to live. She continued her teaching career in the new location, and at the same school as Applicant’s father. Also, Applicant’s mother and father have lived on the UAE school campus since 1987. Both Applicant’s mother and father obtained their permanent U.S. resident status in about July 2008, and will move to the U.S; they have no intention of returning to Lebanon. They remain in the UAE for employment reasons, and will qualify for a pension through the UAE pension system, not Lebanon (1.a). Applicant’s father was born in Lebanon in January 1942. As noted earlier, he continued his teaching career in the UAE to get his family away from the civil strife in Lebanon. Applicant hopes his parents will retire to the U.S. in two to three years so they can enjoy their grandchildren. Applicant is uncertain whether his father was required to serve in the Lebanese military, but he is sure his father never worked for the Lebanese government (1.b). Applicant’s oldest sister was born in Lebanon in October 1977. She moved with the rest of the family in 1987 to UAE. She is now a permanent resident citizen (H1-B visa), and lives in the western part of the U.S. She has an industrial engineering degree, and is married. Applicant talks to her by telephone several times a week, and may visit her a few times a year (1.c). Applicant’s grandmother, about 85 years old, lost her husband three years ago. She is a resident citizen of Lebanon with no political affiliation. She receives no pension from the Lebanese government. Applicant communicates with his grandmother and aunt between one and three times a year. Like Applicant’s grandmother, none of his aunts and uncles have ever worked for the Lebanese government (1.d). Applicant’s aunt and two uncles (on his father’s side) are resident citizens of Lebanon. One uncle works for a pharmaceutical company, the other uncle is employed by a water bottling company, and the aunt is unemployed. Applicant’s mother has one sister and five brothers. The sister is a part-time school teacher, one brother is a contractor, one is a dentist, one is retired from employment with a regional airlines, one does some kind of work for a municipality, and the fifth brother may already be retired (1.e).
The judge granted the clearance. The government raised disqualifying conditions DC 7.a. The judge applied mitigating conditions MC 8.a, MC 8.b. The decision turned on the following: The applicant has established strong ties to the U.S. through education, employment, and family; The applicant's family members in Lebanon and the UAE do not pose a heightened risk of foreign influence; The applicant has no intention of renewing his foreign passport and has demonstrated loyalty to the U.S.
Why the Applicant Prevailed
- The applicant has established strong ties to the U.S. through education, employment, and family.
- The applicant's family members in Lebanon and the UAE do not pose a heightened risk of foreign influence.
- The applicant has no intention of renewing his foreign passport and has demonstrated loyalty to the U.S.
Conditions Referenced
- DC 7.araisedContact with a Foreign Family Member, Business or Professional Associate, Friend, or Other Person Who Is a Citizen of or a Resident in a Foreign Country
- MC 8.aappliedThe Nature of the Relationships with Foreign Persons, the Country in Which These Persons Are Located, or the Position or Activities of Those Persons in That Country Are Such That It Is Unlikely the Individual Will Be Placed in a Position of Having to Choose Between the Interests of a Foreign Individual, Group, Organization, or Government and the Interests of the U.S.
- MC 8.bappliedThere Is No Conflict of Interest, Either Because the Individual’s Sense of Loyalty or Obligation to the Foreign Person, Group, Government, or Country Is Minimal, or the Individual Has Such Deep and Long Lasting Relationships and Loyalties in the U.S., That the Individual Can Be Expected to Resolve Any Conflict of Interest in Favor of the U.S. Interest.
Key Rule Quoted
“The mere possession of family ties in a foreign country is not automatically disqualifying under the FI guideline.”
Procedural Posture
- SOR issuedJun 3, 2008
- Answer filedJul 16, 2008
- Hearing heldNot specifiedTestimony taken from applicant.
- Decision dateJan 12, 2009
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Importance of Established Ties to the U.S. in Security Clearance Cases
- Consideration of Family Members' Citizenship and Residence Status in Evaluating Foreign Influence Risks