Summary
The applicant, a 51-year-old U.S. citizen originally from the West Bank, sought a security clearance under Guideline B due to foreign influence concerns stemming from family ties in Jordan and Israel. Despite admitting to the allegations, the applicant demonstrated strong ties to the U.S. through his citizenship, family, and positive character references, leading to the granting of his security clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant's mother is a citizen of Jordan and resident of Israel. Applicant is close to his mother and has visited her on several occasions, as reviewed in 1.g., below. His last visit was to see her as she is extremely ill, on 24 hour oxygen support. His mother once came to visit Applicant in the United States, but then she returned to Israel (1.a). Applicant has a brother, who is a citizen and resident of Jordan. Applicant testified that he calls his siblings 'occasionally during holidays for a very short time, maybe two or three minutes at most.' None of his siblings is currently employed by any government entity or has been in the past (1.b). Applicant has a brother, who is a citizen of Jordan and resident of United Arab Emirates. As stated above, none of Applicant’s siblings is currently employed by any government entity or has been in the past (1.c). Applicant has two other brothers, who are citizens of Jordan and residents of Israel. Again, none of Applicant’s siblings is currently employed by any government entity or has been in the past (1.d). Applicant has five sisters, who are citizens of Jordan and residents of Israel. At the hearing, Applicant testified that one of his sisters has moved to Canada, but the others still reside in Israel. Again, none of Applicant’s siblings is currently employed by any government entity or has been in the past (1.e). Applicant’s mother-in-law is a citizen and resident of Jordan. Applicant has very little contact with her (1.f). Applicant has traveled to Jordan and/or Israel in at least 1994, 1997, 1999, and 2008. All of his trips were to visit his mother, and they each were between three and six weeks in duration. He has always used his United States passport when visiting any other country. Applicant had a Jordanian passport, but he sent it to his employer’s security officer, who tore it and rendered it unusable. Applicant submitted a letter from his security officer confirming this (1.g).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b). The judge applied mitigating conditions AG ¶ 8(b). The decision turned on the following: The applicant is a U.S. citizen who has lived in the U.S. since 1981 and has strong family ties in the U.S; The applicant's relatives in Jordan and Israel are not employed by any government entity, reducing potential foreign influence; Seven witnesses provided positive character references, attesting to the applicant's trustworthiness and moral character.
Why the Applicant Prevailed
- The applicant is a U.S. citizen who has lived in the U.S. since 1981 and has strong family ties in the U.S.
- The applicant's relatives in Jordan and Israel are not employed by any government entity, reducing potential foreign influence.
- Seven witnesses provided positive character references, attesting to the applicant's trustworthiness and moral character.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Persons or Governments
- AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong U.S. Ties
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedAug 21, 2009
- Answer filedSep 16, 2009
- Hearing heldMar 17, 2010
- Decision dateAug 24, 2010
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Importance of Positive Character References in Security Clearance Cases
- Consideration of the Whole-person Concept in Adjudication Decisions