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Summary

The applicant, a 34-year-old safety engineer and naturalized U.S. citizen originally from Jordan, faced security concerns under Guidelines B (Foreign Influence), C (Foreign Preference), and E (Personal Conduct) due to his dual citizenship and family ties in Jordan. The judge granted the applicant's security clearance, finding that his family relationships did not pose a heightened risk of foreign exploitation and that he had taken steps to renounce his Jordanian citizenship.

Under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline E (Personal Conduct), 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). Sharing living quarters with a person or persons, regardless of citizenship status, if that relationship creates a heightened risk of foreign inducement, manipulation, pressure, or coercion (1.c). After Applicant became a U.S. citizen, he continued to renew and use his Jordanian passport when he traveled to Jordan. Since becoming a U.S. citizen, Applicant traveled to Jordan in 1998, 2001, 2002, and 2007. He used his U.S. passport for other foreign travel, including trips to France and Brazil. Applicant used his Jordanian passport for travel convenience in and out of Jordan. By using this passport, he did not need to obtain a visitor’s visa to enter Jordan. After his last trip in 2007, he left his Jordanian passport with his sister living in Jordan. After meeting with the security clearance investigator in October 2009, Applicant obtained his Jordanian passport and gave it to his facility security officer (FSO) on March 31, 2010. He believed that by doing this, he had renounced his Jordanian citizenship. He later understood that his belief was incorrect. After the hearing, he submitted an application to Jordan to renounce his citizenship and paid the required $4,004 fee, as he had expressed a willingness to renounce his Jordanian citizenship on several occasions (2.a).

The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), AG ¶ 7(d). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b), AG ¶ 8(c). The decision turned on the following: The applicant's immediate family resides in the U.S., mitigating foreign influence concerns; The applicant demonstrated a commitment to U.S. interests and security by attempting to renounce his Jordanian citizenship; The judge found no evidence that the Jordanian government targets U.S. citizens for espionage.

Why the applicant prevailed

• The applicant's immediate family resides in the U.S., mitigating foreign influence concerns.
• The applicant demonstrated a commitment to U.S. interests and security by attempting to renounce his Jordanian citizenship.
• The judge found no evidence that the Jordanian government targets U.S. citizens for espionage.

Conditions referenced

Key rule quoted

“The protection of the national security is the paramount consideration.”

Procedural posture

• SOR issuedAug 31, 2010
• Answer filedSep 24, 2010
• Hearing heldFeb 16, 2011
• Decision dateApr 26, 2011

Cite for

• Mitigating Factors Related to Foreign Influence Under Guideline B
• Considerations for Dual Citizenship and Family Ties in Security Clearance Cases
• The Importance of Demonstrating Commitment to U.S. Interests in Security Clearance Evaluations