Summary
The applicant, a 58-year-old naturalized U.S. citizen originally from Afghanistan, sought a security clearance under Guideline B concerning foreign influence. Despite admitting to foreign contacts, including a brother in the U.A.E. and a stepsister in Afghanistan, the applicant successfully mitigated concerns by demonstrating strong ties to the U.S., a commitment to national interests, and a lack of ongoing contact with foreign relatives. The administrative judge granted the security clearance, emphasizing the applicant's loyalty and contributions to U.S. interests.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Contact with a foreign family member, business or professional associate, friend, or other person who is a citizen of or resident in a foreign country if that contact creates a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion (1.a). Connections to a foreign person, group, government, or country that create a potential conflict of interest between the individual’s obligation to protect sensitive information or technology and the individual’s desire to help a foreign person, group, or country by providing that information (1.b).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(c), AG ¶ 8(d). The decision turned on the following: The applicant demonstrated strong ties to the United States, including home ownership and family residing in the U.S; The applicant's employment in Afghanistan was framed as a commitment to U.S. interests, with no immediate family ties in Afghanistan; The applicant's character was supported by multiple testimonials from military personnel and community leaders.
Why the Applicant Prevailed
- The applicant demonstrated strong ties to the United States, including home ownership and family residing in the U.S.
- The applicant's employment in Afghanistan was framed as a commitment to U.S. interests, with no immediate family ties in Afghanistan.
- The applicant's character was supported by multiple testimonials from military personnel and community leaders.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
- AG ¶ 8(a)appliedThe Applicant Has Strong Family Ties to the U.S.
- AG ¶ 8(c)appliedThe Applicant's Employment Demonstrates a Commitment to U.S. Interests.
- AG ¶ 8(d)appliedThe Applicant Has Not Had Contact with Foreign Relatives for Many Years.
Key Rule Quoted
“The mere possession of close family ties with a person in a foreign country is not, as a matter of law, disqualifying under Guideline B.”
Procedural Posture
- SOR issuedMay 29, 2009
- Answer filedAug 31, 2009
- Hearing heldApr 27, 2010Hearing delayed to accommodate applicant's overseas work.
- Decision date—Decision issued after hearing.
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Importance of Strong U.S. Ties in Security Clearance Cases
- Character Testimonials as Supportive Evidence in Security Clearance Decisions.