ISCR Case 11-00447.h1

Case Headnote

ISCR Case No. 11-00447.h1

grantedMay 22, 2012· Hon. Rita C. O'Brien· 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) and Guideline C (Foreign Preference). The Statement of Reasons highlighted his foreign family ties and possession of an Iranian passport. His parents, born in Iran, are U.S. permanent legal residents and plan to apply for U.S. citizenship. Of his four brothers, one is an Iranian citizen residing in the U.S., while three are dual citizens; one resides in the Philippines, and the others' locations are not specified. The applicant also has an uncle and cousins in Iran whom he has never met or contacted. He holds no property or financial interests in Iran.

In 2011, the applicant obtained an Iranian passport, which he used multiple times to visit his parents in Iran because he could not enter or exit using his U.S. passport. Disqualifying conditions under both guidelines were raised, including foreign family ties, foreign citizenship, and the use of a foreign passport.

However, the judge found that the applicant successfully mitigated these concerns. He demonstrated a willingness to renounce dual citizenship by surrendering his Iranian passport and stated he has no intention to return to Iran. The applicant also established strong community ties in the U.S., and his family members, including his parents, have settled in the U.S. with no interest in returning to Iran. Based on these mitigating factors, the security clearance was granted.

Why the Applicant Prevailed

The applicant demonstrated a willingness to renounce dual citizenship by surrendering his Iranian passport.
He has no intention to return to Iran and has strong ties to the U.S.
The applicant's family members, including his parents, have settled in the U.S. and have no interest in returning to Iran.

Conditions Referenced

Disqualifying

AG ¶ 10(a)raisedPossession of a Current Foreign Passport
AG ¶ 10(b)raisedAction to Acquire or Obtain Recognition of a Foreign Citizenship
AG ¶ 7(a)raisedContact with a Foreign Family Member
AG ¶ 7(d)raisedSharing Living Quarters with a Foreign Citizen

Mitigating

AG ¶ 11(a)appliedDual Citizenship Based Solely on Parents’ Citizenship
AG ¶ 11(b)appliedWillingness to Renounce Dual Citizenship
AG ¶ 11(e)appliedPassport Has Been Destroyed or Surrendered
AG ¶ 8(a)appliedNature of Relationships with Foreign Persons
AG ¶ 8(b)appliedNo Conflict of Interest

Key Rule Quoted

“A security clearance decision is intended only to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
— Department of the Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedOct 7, 2011
Answer filedNov 23, 2011Signed and notarized.
Hearing heldApr 19, 2012
Decision dateMay 22, 2012

Cite For

Mitigation of Foreign Preference Under Guideline C
Consideration of Family Ties in Foreign Influence Cases
Willingness to Renounce Dual Citizenship as a Mitigating Factor

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 were born in Iran and are now U.S. permanent legal residents. They will apply for U.S. citizenship when they become eligible in about one year.	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	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (e) promptly complied with reporting requirements	Documented Deep U.S. Ties
1.b	Applicant has four brothers. One of his brothers is a citizen of Iran, and formerly a resident of Iran. He is an engineer. He and his wife now reside 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	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (e) promptly complied with reporting requirements	Documented Deep U.S. Ties
1.c	Applicant's remaining three brothers are dual citizens. One is a citizen of Iran and Oman, and resides in the Philippines with his wife and children. He owned optical shops in Oman, but is now retired.	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	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (e) promptly complied with reporting requirements	Documented Deep U.S. Ties
1.d	Applicant’s 90-year-old uncle and a few cousins remain in Iran. He has never met either his uncle or the cousins and has no contact with them.	For Applicant	Extended Family in Foreign Country Extended Family	Iran HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (e) promptly complied with reporting requirements	Documented Deep U.S. Ties
1.e	Applicant has no property or other financial interests in Iran. He has no intention to return to Iran.	For Applicant	Unspecified Foreign Relationship Other	Iran HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (e) promptly complied with reporting requirements	Documented Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's parents were born in Iran and are now U.S. permanent legal residents. They will apply for U.S. citizenship when they become eligible in about one year.

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(e) promptly complied with reporting requirements

Documented

Deep U.S. Ties

1.b

Applicant has four brothers. One of his brothers is a citizen of Iran, and formerly a resident of Iran. He is an engineer. He and his wife now reside 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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(e) promptly complied with reporting requirements

Documented

Deep U.S. Ties

1.c

Applicant's remaining three brothers are dual citizens. One is a citizen of Iran and Oman, and resides in the Philippines with his wife and children. He owned optical shops in Oman, but is now retired.

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(e) promptly complied with reporting requirements

Documented

Deep U.S. Ties

1.d

Applicant’s 90-year-old uncle and a few cousins remain in Iran. He has never met either his uncle or the cousins and has no contact with them.

For Applicant

Extended Family in Foreign Country

Extended Family

Iran

HEIGHTENED RISK

Admitted

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(e) promptly complied with reporting requirements

Documented

Deep U.S. Ties

1.e

Applicant has no property or other financial interests in Iran. He has no intention to return to Iran.

For Applicant

Unspecified Foreign Relationship

Other

Iran

HEIGHTENED RISK

Admitted

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(e) promptly complied with reporting requirements

Documented

Deep U.S. Ties

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	In 2011, he obtained recognition of his Iranian citizenship when he applied for and received an Iranian passport.	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country (b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	(a) the foreign citizenship is not in conflict with U.S. national security interests (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	—
2.b	He used his Iranian passport several times to visit his parents in Iran because he could not enter or exit using his U.S. passport.	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	(a) the foreign citizenship is not in conflict with U.S. national security interests (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	—
2.c–2.e	3 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

In 2011, he obtained recognition of his Iranian citizenship when he applied for and received an Iranian passport.

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

(a) applying for and/or acquiring citizenship in any other country

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(a) the foreign citizenship is not in conflict with U.S. national security interests

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

—

2.b

He used his Iranian passport several times to visit his parents in Iran because he could not enter or exit using his U.S. passport.

For Applicant

Foreign Passport Possession or Use

Admitted

(a) applying for and/or acquiring citizenship in any other country

(a) the foreign citizenship is not in conflict with U.S. national security interests

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

—

2.c–2.e

3 sub-charges — specific text not stated in this decision (for the applicant).

For Applicant

—

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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

PROCEDURAL RULINGS

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES