Summary
A 54-year-old U.S. citizen, originally from Iran and working as a communications electronic engineer, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited his father, two brothers, and a sister residing in Iran, along with his wife holding dual Iranian and Swedish citizenship and her parents living in Iran. Additionally, the applicant had sent significant funds to his brother in June 2006 for his father's medical expenses and had applied for and received an Iranian passport.
Disqualifying conditions AG ¶ 79(a) and AG ¶ 79(b) were raised. However, the judge applied mitigating conditions AG ¶ 8(a) and AG ¶ 8(b), finding that the applicant's minimal contact with his family and demonstrated loyalty to the U.S. addressed the concerns.
The clearance was granted because the applicant has not traveled to Iran since immigrating to the U.S. in 1978 and has no intention of doing so. He voluntarily surrendered his Iranian passport, maintains all finances in the U.S., and has no financial ties to Iran. Furthermore, his family members in Iran have no political connections or affiliations with the Iranian government.
Why the Applicant Prevailed
- The applicant has not traveled to Iran since immigrating to the U.S. in 1978 and has no intention of doing so.
- He voluntarily surrendered his Iranian passport and has no financial ties to Iran, maintaining all finances in the U.S.
- The applicant's family members in Iran have no political connections or affiliations with the Iranian government.
Conditions Referenced
- AG ¶ 79(a)raisedContact with Foreign Family MembersThe applicant has family members in Iran, which raises security concerns.
- AG ¶ 79(b)raisedConnections to Foreign PersonsThe applicant's ties to family in Iran create a potential conflict of interest.
- AG ¶ 8(a)appliedNature of Relationships with Foreign PersonsThe applicant's infrequent contact with family in Iran reduces the likelihood of divided loyalties.
- AG ¶ 8(b)appliedNo Conflict of InterestThe applicant's loyalty to the U.S. is strong, and he has no significant obligations to his family in Iran.
Key Rule Quoted
“The mere existence of a foreign family member is not sufficient.”
Procedural Posture
- SOR issuedNov 19, 2008
- Answer filedNov 25, 2008Applicant admitted allegations with explanation.
- Hearing heldFeb 6, 2009
- Decision dateMar 12, 2009
Cite For
- Mitigation of Foreign Influence Concerns Due to Minimal Contact with Family Abroad
- Voluntary Surrender of Foreign Passport as a Mitigating Factor
- Strong Loyalty to the U.S. Despite Foreign Family Ties