ISCR Case 09-07317.h1

Case Headnote

ISCR Case No. 09-07317.h1

grantedJul 1, 2009· Hon. Noreen A. Lynch· hearing

Summary

A 48-year-old naturalized U.S. citizen, originally from Iran, was granted a security clearance despite concerns under Guideline B (Foreign Influence). The Statement of Reasons cited several familial connections to Iran, including the applicant's spouse, mother, father, and brother, all of whom are dual citizens of the U.S. and Iran. Additionally, the applicant's sister is a dual citizen, and another sister is an Iranian citizen residing in the U.S. The applicant's father-in-law and mother-in-law are citizens and residents of Iran.

Disqualifying conditions related to foreign influence were raised, specifically concerning immediate family members who are citizens of a foreign country or who reside in a foreign country. However, mitigating conditions were applied, acknowledging that the foreign contacts are not in a position to pressure the applicant and that the applicant has demonstrated a paramount loyalty to the U.S.

The clearance was granted because the applicant has resided in the U.S. since 1987 and is a naturalized citizen, indicating strong ties to the country. He has no intention of returning to Iran and has surrendered his Iranian passport. Furthermore, the applicant's immediate family members residing in the U.S. are U.S. citizens, which helped to mitigate concerns about potential foreign influence.

Why the Applicant Prevailed

The applicant has lived in the U.S. since 1987 and is a naturalized citizen, demonstrating strong ties to the country.
He has no intention of returning to Iran and has surrendered his Iranian passport.
The applicant's family members in the U.S. are U.S. citizens, mitigating concerns about foreign influence.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
AG ¶ 7(d)raisedSharing Living Quarters with a Person Creating Heightened Risk

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Unlikely to Create Conflict
AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong U.S. Ties

Key Rule Quoted

“"The United States has a compelling interest in protecting and safeguarding classified information from any person, organization, or country that is not authorized to have access to it, regardless of whether that person, organization, or country has interests inimical to those of the United States."”
— ISCR Case No. 02-11570 at 5 (App. Bd. May 19, 2004)

Procedural Posture

SOR issuedJul 6, 2011
Answer filed—Timely answered the SOR.
Hearing heldNov 28, 2011Scheduled hearing.
Decision date—Decision issued after hearing.

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Consideration of Family Ties in Security Clearance Decisions
Importance of Demonstrating Strong U.S. Ties in Foreign Influence Cases

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
1.a	The applicant’s spouse is a dual citizen of the U.S. and Iran.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Iran HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.b	The applicant’s mother is a dual citizen of the U.S. and Iran.	For Applicant	Parent in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.c	The applicant’s father is a dual citizen of the U.S. and Iran.	For Applicant	Parent in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.d	The applicant’s brother is a dual citizen of the U.S. and Iran.	For Applicant	Sibling in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.e	The applicant’s sister is a dual citizen of the U.S. and Iran.	For Applicant	Sibling in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.f	The applicant’s sister is a citizen of Iran and resides in the United States.	For Applicant	Sibling in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.g	The applicant’s father-in-law and mother-in-law are citizens and residents of Iran.	For Applicant	In Law in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

The applicant’s spouse is a dual citizen of the U.S. and Iran.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Iran

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.b

The applicant’s mother is a dual citizen of the U.S. and Iran.

For Applicant

Parent in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.c

The applicant’s father is a dual citizen of the U.S. and Iran.

For Applicant

Parent in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.d

The applicant’s brother is a dual citizen of the U.S. and Iran.

For Applicant

Sibling in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.e

The applicant’s sister is a dual citizen of the U.S. and Iran.

For Applicant

Sibling in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.f

The applicant’s sister is a citizen of Iran and resides in the United States.

For Applicant

Sibling in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.g

The applicant’s father-in-law and mother-in-law are citizens and residents of Iran.

For Applicant

In Law in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

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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