ISCR Case 08-04834.h1

Case Headnote

ISCR Case No. 08-04834.h1

grantedFeb 11, 2009· Hon. LeRoy F. Foreman· hearing

Summary

A 51-year-old email and system administrator for a defense contractor was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference) related to her connections to Iran. The Statement of Reasons (SOR) alleged the applicant held dual U.S. and Iranian citizenship, possessed an Iranian passport issued in March 1998 and renewed in November 2003, and intended to renew it after its March 2008 expiration.

Further allegations noted that her father, stepmother, sister, and stepbrother are Iranian citizens and residents, though her father and stepmother are retired with no ties to the Iranian government. The applicant also traveled to Iran in 1998, 2003, and 2006.

The judge granted the clearance, finding that the applicant’s willingness to renounce her Iranian citizenship and her strong ties to the U.S. mitigated the security concerns. Her Iranian passport had expired, and she stated no intention to renew it, addressing Guideline C. Her substantial U.S. ties, including family and property, were deemed to outweigh her connections to Iran.

Why the Applicant Prevailed

The applicant expressed a willingness to renounce her Iranian citizenship, demonstrating a commitment to U.S. interests.
Her Iranian passport has expired, and she has no intention to renew it, mitigating concerns under Guideline C.
The applicant has strong ties to the U.S., including family and property, which outweigh her connections to Iran.

Conditions Referenced

Disqualifying

AG ¶ 10(a)(1)raisedPossession of a Current Foreign Passport
AG ¶ 10(d)raisedAny Statement or Action That Shows Allegiance to a Country Other Than the United States
AG ¶ 7(a)raisedContact with a Foreign Family Member That Creates a Heightened Risk of Foreign Exploitation
AG ¶ 7(b)raisedConnections to a Foreign Person That Create a Potential Conflict of Interest

Mitigating

AG ¶ 11(a)appliedDual Citizenship Is Based Solely on Parents’ Citizenship or Birth in a Foreign Country
AG ¶ 11(b)appliedThe Individual Has Expressed a Willingness to Renounce Dual Citizenship
AG ¶ 11(e)appliedThe Passport Has Been Destroyed, Surrendered, or Otherwise Invalidated
AG ¶ 8(b)appliedNo Conflict of Interest Due to Strong Ties to the U.S.

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the revised adjudicative guidelines (AG).”

Procedural Posture

SOR issuedAug 13, 2008
Answer filedSep 9, 2008
Hearing heldDec 15, 2008
Decision dateFeb 11, 2009

Cite For

Mitigation of Foreign Preference Concerns Through Renunciation of Citizenship
Consideration of Family Ties in Foreign Influence Cases
Whole Person Concept in Security Clearance Determinations

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
2.a	Applicant’s father, stepmother, sister, and stepbrother are citizens and residents of Iran	For Applicant	Parent in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Denied	(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.	Claimed Deep U.S. Ties
2.b	Applicant’s father and stepmother are retired and have no relationship with the Iranian government	For Applicant	Parent in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Denied	(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.	Claimed Deep U.S. Ties
2.c	Applicant traveled to Iran in 1998, 2003, and 2006	For Applicant	Unspecified Foreign Relationship Other	Iran HEIGHTENED RISK	Denied	(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.	Claimed Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant’s father, stepmother, sister, and stepbrother are citizens and residents of Iran

For Applicant

Parent in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Denied

(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.

Claimed

Deep U.S. Ties

2.b

Applicant’s father and stepmother are retired and have no relationship with the Iranian government

For Applicant

Parent in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Denied

(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.

Claimed

Deep U.S. Ties

2.c

Applicant traveled to Iran in 1998, 2003, and 2006

For Applicant

Unspecified Foreign Relationship

Other

Iran

HEIGHTENED RISK

Denied

(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.

Claimed

Deep U.S. Ties

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The SOR alleges Applicant exercises dual citizenship with Iran and the U.S.	For Applicant	Foreign Citizenship Acquisition or Application	Denied	(a) applying for and/or acquiring citizenship in any other country (d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…	(a) the foreign citizenship is not in conflict with U.S. national security interests (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference	Claimed Other
1.b	She possessed an Iranian passport issued in March 1998 and renewed it in November 2003.	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country (d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…	(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	Claimed Other
1.c	She intends to renew her Iranian passport, which expired in March 2008.	For Applicant	Failure to Renounce or Surrender Foreign Status	Denied	(a) applying for and/or acquiring citizenship in any other country (d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…	(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	Claimed Other
1.d–1.e	2 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The SOR alleges Applicant exercises dual citizenship with Iran and the U.S.

For Applicant

Foreign Citizenship Acquisition or Application

Denied

(a) applying for and/or acquiring citizenship in any other country

(d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…

(a) the foreign citizenship is not in conflict with U.S. national security interests

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

Claimed

Other

1.b

She possessed an Iranian passport issued in March 1998 and renewed it in November 2003.

For Applicant

Foreign Passport Possession or Use

Admitted

(a) applying for and/or acquiring citizenship in any other country

(d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

Claimed

Other

1.c

She intends to renew her Iranian passport, which expired in March 2008.

For Applicant

Failure to Renounce or Surrender Foreign Status

Denied

(a) applying for and/or acquiring citizenship in any other country

(d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

Claimed

Other

1.d–1.e

2 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)

For Applicant

—

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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