ISCR Case 07-18283.h1

Case Headnote

ISCR Case No. 07-18283.h1

grantedNov 6, 2008· Hon. Claude R. Heiny II· hearing

Summary

This security clearance decision involved an Iranian-born naturalized U.S. citizen and software engineer, with concerns raised under Guideline B (Foreign Influence). The Statement of Reasons noted that the applicant had four siblings who are citizens and residents of Iran. It also stated that the applicant had traveled to Iran four times, with the last visit occurring in 2002. However, the applicant had no financial or property interests in Iran and did not discuss his work or duties with his family there.

Disqualifying conditions under Guideline B were considered, but mitigating conditions were ultimately applied. The applicant demonstrated strong ties to the U.S., having lived there since 1975 and becoming a naturalized citizen in 1992. He had also held a security clearance since 1993 and maintained a strong work history with a defense contractor.

The decision concluded that the applicant's ties to the U.S. were significantly stronger than his ties to Iran, and he had successfully mitigated the risks associated with foreign influence through limited contact with his family and a strong commitment to his U.S. citizenship. Consequently, the applicant's security clearance was GRANTED.

Why the Applicant Prevailed

Applicant has lived in the U.S. since 1975 and became a naturalized citizen in 1992.
He has held a security clearance since 1993 and has a strong work history with a defense contractor.
Applicant's ties to the U.S. are significantly stronger than his ties to Iran, with no financial interests in Iran.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family MembersApplicant has four siblings who are citizens and residents of Iran.
AG ¶ 7(b)raisedConnections to a Foreign CountryApplicant's siblings living in Iran create a potential conflict of interest.

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign PersonsLimited contact with siblings makes it unlikely he will have to choose between U.S. interests and those of his family.
AG ¶ 8(b)appliedMinimal Conflict of InterestApplicant's deep and longstanding relationships in the U.S. outweigh any obligations to his family in Iran.
AG ¶ 8(c)appliedCasual and Infrequent ContactApplicant's contact with his siblings is infrequent and does not pose a significant risk.

Key Rule Quoted

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

Procedural Posture

SOR issuedJul 9, 2008
Answer filedJul 22, 2008
Hearing heldOct 29, 2008
Decision dateNov 6, 2008

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Strong U.S. Ties in Security Clearance Decisions
Impact of Infrequent Foreign Contact 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
1.a	Applicant’s four siblings are citizens and residents of Iran.	For Applicant	Sibling in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.b	Applicant has traveled to Iran four times with the last visit in 2002.	For Applicant	Unspecified Foreign Relationship Other	Iran HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.c	Applicant has no financial or property interests in Iran.	For Applicant	Unspecified Foreign Relationship Other	Iran HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.d	Applicant does not discuss with them where he works or what he does.	For Applicant	Unspecified Foreign Relationship Other	Iran HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s four siblings are citizens and residents of Iran.

For Applicant

Sibling in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

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

Credited

Deep U.S. Ties

1.b

Applicant has traveled to Iran four times with the last visit in 2002.

For Applicant

Unspecified Foreign Relationship

Other

Iran

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

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

Credited

Deep U.S. Ties

1.c

Applicant has no financial or property interests in Iran.

For Applicant

Unspecified Foreign Relationship

Other

Iran

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

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

Credited

Deep U.S. Ties

1.d

Applicant does not discuss with them where he works or what he does.

For Applicant

Unspecified Foreign Relationship

Other

Iran

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

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

Credited

Deep U.S. Ties

Loading case…

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