Summary
The applicant, a naturalized U.S. citizen originally from Iran, faced security concerns under Guidelines B and C due to his dual nationality and family ties in Iran. He expressed a genuine intention to renounce his Iranian citizenship and demonstrated that his family members in Iran had no connections to the Iranian government, mitigating the risks associated with foreign influence. The Administrative Judge granted the applicant's security clearance, concluding that the applicant's loyalty to the U.S. was established and that he posed no security risk.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: The Applicant’s spouse is a dual national of Iran and France (2.a). The Applicant’s mother is a citizen and resident of Iran (2.b). The Applicant has two brothers and one sister who are citizens and residents of Iran (2.c). The Applicant’s parents-in-law are citizens of Iran and France, and reside in France (2.d). The Applicant is a dual national of the U.S. and Iran (GX 1 at page 5~6). He has expressed a genuine intention to renounce his Iranian citizenship (TR at page 54 lines 2~18, at page 57 line 5 to page 59 line 16, and AppX U, see also AppXs Q~T) (1.a). Despite being naturalized in 1996, the Applicant, who still held an Iranian passport, obtained a new Iranian passport in 2002, and renewed that passport in 2007 (GX 2). He used this passport to travel to Iran in 2002, in 2005 and in 2007 (TR at page 49 line 14 to page 51 line 13, and at page 66 line 24 to page 67 line 5). Each visit, he was required to pay a $42 fee, in order to leave Iran without being subject to its compulsory military service (TR at page 47 line 8 to page 49 line 13, and AppX H) (1.b). The Applicant’s 2002 visit was his first visit in 24 years, and he stayed for a month (TR at page 49 line 14 to page 51 line 13). In 2005, the Applicant introduced his new wife to his family, and stayed about three weeks (Id, and TR at page 66 line 24 to page 67 line 5). His last visit was in 2007, when his father passed away, and Applicant stayed about two weeks (Id). In November of 2008, the Applicant turned over his Iranian passport to his Facility Security Officer (FSO) and it was “immediately destroyed,” as evidenced by a letter from that FSO (AppX G) (1.c).
The judge granted the clearance. The government raised disqualifying conditions C1, B7. The judge applied mitigating conditions C11(b), C11(e), B1. The decision turned on the following: The applicant expressed a genuine intention to renounce his Iranian citizenship; The applicant's Iranian passport was destroyed by his Facility Security Officer; The applicant's family members in Iran had no connections to the Iranian government.
Why the applicant prevailed
- The applicant expressed a genuine intention to renounce his Iranian citizenship.
- The applicant's Iranian passport was destroyed by his Facility Security Officer.
- The applicant's family members in Iran had no connections to the Iranian government.
Conditions referenced
- C1raisedDual Citizenship
- B7raisedForeign Family Members
- C11(b)appliedWillingness to Renounce Dual Citizenship
- C11(e)appliedPassport Destroyed by Security Authority
- B1appliedNature of Relationships with Foreign Persons
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedAug 20, 2008
- Answer filedSep 17, 2008
- Hearing heldNov 19, 2008
- Decision dateJan 5, 2009
Cite for
- Mitigation of Foreign Preference Concerns Due to Genuine Intent to Renounce Citizenship
- Consideration of Family Ties in Foreign Influence Cases
- Whole Person Concept in Security Clearance Evaluations