Summary
A 23-year-old administrative assistant with a bachelor's degree was granted a security clearance despite concerns under Guideline B (Foreign Influence). The Statement of Reasons cited potential disqualifying conditions related to contact with foreign nationals and connections to foreign entities, specifically due to her family's Iraqi heritage and admitted familial ties in Iraq, Syria, and Jordan.
However, the judge applied several mitigating conditions. The applicant demonstrated strong ties to the U.S. and maintained minimal contact with her foreign relatives. It was also noted that her family members in foreign countries are refugees, which was determined not to pose a significant risk of foreign influence.
Furthermore, the applicant's professional performance and character references supported her trustworthiness. Based on these factors, the security clearance was granted.
Why the applicant prevailed
- The applicant demonstrated strong ties to the U.S. and minimal contact with foreign relatives.
- The applicant's family members in foreign countries are refugees and do not pose a significant risk of foreign influence.
- The applicant's professional performance and character references supported her trustworthiness.
Conditions referenced
- FI DC ¶ 7(a)raisedContact with a 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
- FI DC ¶ 7(b)raisedConnections 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
- FI MC ¶ 8(a)appliedThe Nature of the Relationship with Foreign Persons, the Country in Which These Persons Are Located, or the Position or Activities of Those Persons in That Country Are Such That It Is Unlikely the Individual Will Be Placed in a Position of Having to Choose Between the Interests of a Foreign Individual, Group, Organization, or Government and the Interests of the U.S.
- FI MC ¶ 8(b)appliedThere Is No Conflict of Interest, Either Because the Individual’s Sense of Loyalty or Obligation to the Foreign Person, Group, or Government, or Country Is so Minimal, or the Individual Has Such Deep and Longstanding Relationships and Loyalties in the U.S., That the Individual Can Be Expected to Resolve Any Conflict of Interest in Favor of the U.S. Interest
- FI MC ¶ 8(c)appliedContact or Communication with Foreign Citizens Is so Casual and Infrequent That There Is Little Likelihood It Could Create a Risk of Foreign Influence or Exploitation
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 issuedAug 27, 2009
- Answer filedSep 16, 2009
- Hearing heldNov 18, 2009
- Decision dateJan 28, 2010
Cite for
- Mitigating Factors Under Guideline B Regarding Foreign Influence
- Importance of Strong U.S. Ties in Foreign Influence Cases
- Consideration of Family Members' Status as Refugees in Security Clearance Decisions