ISCR Case 11-00831.h1

Case Headnote

ISCR Case No. 11-00831.h1

grantedApr 12, 2012· Hon. Mary E. Henry· hearing

Summary

A 45-year-old naturalized U.S. citizen, originally from Israel, was granted a security clearance after an assessment under Guidelines B (Foreign Influence), C (Foreign Preference), and E (Personal Conduct). Concerns were raised due to his parents and brother being citizens and residents of Jordan, and his father owning property there. Additionally, the applicant had retained a Jordanian passport for convenience and a belief it was necessary for inheritance, though he later learned this was not the case.

To address these concerns, the applicant informed an OPM investigator of his willingness to renounce his Jordanian citizenship. In January 2011, he voluntarily surrendered his Jordanian passport, which was subsequently destroyed.

The judge determined that the applicant demonstrated strong ties to the U.S., with his immediate family all being U.S. citizens. His voluntary renunciation of the Jordanian passport mitigated foreign preference concerns, and there was no evidence that his family members in Jordan had been targeted by any government or terrorist organizations. Ultimately, the judge found no significant risk of foreign exploitation or divided loyalties, and the security clearance was granted.

Why the Applicant Prevailed

The applicant demonstrated strong ties to the U.S. through his immediate family, who are all U.S. citizens.
He voluntarily renounced his Jordanian passport, mitigating foreign preference concerns.
The applicant's family members in Jordan have not been targeted by the government or terrorists, reducing the risk of 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(e)rejectedSubstantial Business or Financial Interest in a Foreign CountryThe applicant does not have financial interests in Jordan.

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons
AG ¶ 8(b)appliedNo Conflict of Interest Due to Minimal Loyalty to Foreign Persons
AG ¶ 8(c)appliedCasual and Infrequent Contact with Foreign Citizens

Key Rule Quoted

“The guidelines presume a nexus or rational connection between proven conduct under any of the criteria listed therein and an applicant’s security suitability.”

Procedural Posture

SOR issuedAug 30, 2011
Answer filedNov 19, 2011
Hearing heldMar 6, 2012Applicant waived the 15-day notice requirement.
Decision dateApr 12, 2012

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Mitigation of Foreign Preference Concerns Under Guideline C
Consideration of Familial Relationships in Security Clearance Determinations

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 are citizens and residents of Jordan.	For Applicant	Parent in Foreign Country Immediate Family	Jordan HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Deep U.S. Ties
1.b	Applicant’s brother is a citizen and resident of Jordan.	For Applicant	Sibling in Foreign Country Immediate Family	Jordan HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Deep U.S. Ties
1.c	Applicant’s father owns property in Jordan.	For Applicant	Foreign Real Estate Other	Jordan HEIGHTENED RISK	Denied	(e) shared living quarters creating a heightened risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s parents are citizens and residents of Jordan.

For Applicant

Parent in Foreign Country

Immediate Family

Jordan

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

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

Claimed

Deep U.S. Ties

1.b

Applicant’s brother is a citizen and resident of Jordan.

For Applicant

Sibling in Foreign Country

Immediate Family

Jordan

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

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

Claimed

Deep U.S. Ties

1.c

Applicant’s father owns property in Jordan.

For Applicant

Foreign Real Estate

Other

Jordan

HEIGHTENED RISK

Denied

(e) shared living quarters creating a heightened risk

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

Claimed

Deep U.S. Ties

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	Applicant retained a Jordanian passport for convenience and to avoid a fine by the Jordanian government should he remain in Jordan for more than 30 days. He also believed he needed to retain his Jordanian citizenship to inherit, but has learned that such retention is not needed. Applicant advised the Office of Personnel Management (OPM) investigator that he was willing to renounce his Jordanian citizenship. In January 2011, Applicant voluntarily surrendered his Jordanian passport to his facility security officer, who destroyed the passport.	For Applicant	Failure to Renounce or Surrender Foreign Status	Denied	—	(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	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

Applicant retained a Jordanian passport for convenience and to avoid a fine by the Jordanian government should he remain in Jordan for more than 30 days. He also believed he needed to retain his Jordanian citizenship to inherit, but has learned that such retention is not needed. Applicant advised the Office of Personnel Management (OPM) investigator that he was willing to renounce his Jordanian citizenship. In January 2011, Applicant voluntarily surrendered his Jordanian passport to his facility security officer, who destroyed the passport.

For Applicant

Failure to Renounce or Surrender Foreign Status

Denied

—

(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

Claimed

Other

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Unknown

—

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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