Summary
A 42-year-old linguist and cultural advisor for a U.S. government contractor was denied a security clearance under Guideline B (Foreign Influence). The applicant, along with his wife, had been granted asylum in the U.S. due to threats from the Taliban in Afghanistan, where his immediate and extended family members continue to reside.
The Statement of Reasons highlighted that the applicant has family in Afghanistan and, despite his asylum status, did not establish that he would be unlikely to face a conflict between his family's interests and those of the United States. While the applicant confirmed he has no property or financial interests in Afghanistan, the judge found that this did not sufficiently mitigate the foreign influence concerns.
The denial was based on the extensive family ties in Afghanistan, which were deemed to create a risk of foreign pressure or exploitation. The applicant did not demonstrate that he would be unlikely to be forced to choose between his family's interests and U.S. interests, and his contacts with family members in Afghanistan were not considered casual or infrequent, further raising security concerns.
Why the Applicant Was Denied
- The applicant has extensive family ties in Afghanistan, creating a risk of foreign pressure or exploitation.
- He did not demonstrate that it is unlikely he would have to choose between the interests of his family and the interests of the United States.
- The applicant's contacts with family members in Afghanistan are not casual or infrequent, which raises security concerns.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Persons That Create a Potential Conflict of Interest
- AG ¶ 8(a)rejectedNature of Relationships with Foreign PersonsThe applicant's relationships with family members in Afghanistan are extensive and create a risk of foreign influence.
- AG ¶ 8(b)rejectedNo Conflict of Interest Due to Minimal Loyalty to Foreign PersonsThe applicant's loyalty to his family in Afghanistan is significant, posing a potential conflict of interest.
- AG ¶ 8(c)rejectedCasual and Infrequent Contact with Foreign CitizensThe applicant has frequent contact with his family in Afghanistan, which is not casual or infrequent.
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 issuedDec 22, 2010
- Answer filedDec 30, 2010
- Hearing heldMar 31, 2011
- Decision dateJul 21, 2011
Cite For
- Foreign Influence Concerns Under Guideline B
- Impact of Family Ties in Foreign Countries on Security Clearance Eligibility
- Criteria for Evaluating Mitigating Conditions Related to Foreign Influence