ISCR Case 10-04104.h1

Case Headnote

ISCR Case No. 10-04104.h1

grantedJul 1, 2010· Hon. Robert J. Tuider· hearing

Summary

This case involved a 39-year-old naturalized U.S. citizen and Arabic linguist seeking a security clearance, which was ultimately granted. The primary concern, raised under Guideline B (Foreign Influence), stemmed from the applicant's family ties in Jordan.

The Statement of Reasons detailed that the applicant's parents and two brothers are citizens and residents of Jordan, while another brother and a sister are Jordanian citizens and U.S. permanent residents. A third brother is a Jordanian citizen residing in another Middle Eastern country. The applicant's parents, two brothers, and sister live in Jordan and are not employed by the Jordanian government; their spouses are U.S. citizens. Disqualifying conditions under Guideline B were considered.

However, the judge applied mitigating conditions, finding that the applicant demonstrated strong ties to the U.S. through family, employment, and financial interests. The fact that his family members in Jordan are not associated with the Jordanian government reduced the risk of foreign exploitation. The applicant's long-term U.S. residency and service as a linguist for the U.S. armed forces further established his commitment to U.S. interests, leading to the decision to grant the security clearance.

Why the Applicant Prevailed

The applicant demonstrated strong ties to the U.S., including family, employment, and financial interests.
The applicant's family members in Jordan are not associated with the Jordanian government, reducing the risk of foreign exploitation.
The applicant's long-term residence in the U.S. and service as a linguist for the U.S. armed forces established a commitment to U.S. interests.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant has periodic contacts with his parents, who are citizens and residents of Jordan.
AG ¶ 7(b)raisedConnections to Foreign PersonsThe applicant's family ties create a potential conflict of interest.

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign PersonsThe applicant's family members in Jordan are not connected to the government, reducing the likelihood of exploitation.
AG ¶ 8(b)appliedNo Conflict of InterestThe applicant has significant ties to the U.S. that outweigh his connections to Jordan.

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
— Executive Order 10865

Procedural Posture

SOR issuedAug 16, 2011
Answer filedSep 22, 2011
Hearing heldDec 13, 2011
Decision date—

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Strong U.S. Ties in Security Clearance Determinations
Consideration of Family Relationships 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	Applicant’s parents and two brothers are citizens and residents of Jordan.	For Applicant	Parent in Foreign Country Immediate Family	Jordan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.b	One brother and his sister are citizens of Jordan and permanent residents of the United States.	For Applicant	Sibling in Foreign Country Immediate Family	Jordan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.c	Another brother is a citizen of Jordan and a resident of another Middle Eastern country.	For Applicant	Sibling in Foreign Country Immediate Family	Jordan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.d	His parents and two brothers and sister are living in Jordan, and they do not work for the Jordanian Government.	For Applicant	Parent in Foreign Country Immediate Family	Jordan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.e	Their spouses are U.S. citizens.	For Applicant	Unspecified Foreign Relationship Immediate Family	Jordan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(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

Applicant’s parents and two brothers are citizens and residents of Jordan.

For Applicant

Parent in Foreign Country

Immediate Family

Jordan

Admitted

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

(b) connections creating a potential conflict of interest

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

Credited

Deep U.S. Ties

1.b

One brother and his sister are citizens of Jordan and permanent residents of the United States.

For Applicant

Sibling in Foreign Country

Immediate Family

Jordan

Admitted

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

(b) connections creating a potential conflict of interest

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

Credited

Deep U.S. Ties

1.c

Another brother is a citizen of Jordan and a resident of another Middle Eastern country.

For Applicant

Sibling in Foreign Country

Immediate Family

Jordan

Admitted

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

(b) connections creating a potential conflict of interest

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

Credited

Deep U.S. Ties

1.d

His parents and two brothers and sister are living in Jordan, and they do not work for the Jordanian Government.

For Applicant

Parent in Foreign Country

Immediate Family

Jordan

Admitted

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

(b) connections creating a potential conflict of interest

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

Credited

Deep U.S. Ties

1.e

Their spouses are U.S. citizens.

For Applicant

Unspecified Foreign Relationship

Immediate Family

Jordan

Admitted

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

(b) connections creating a potential conflict of interest

(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 ANALYSIS

FORMAL FINDINGS

DECISION

FOOTNOTES