ISCR Case 11-11809.h1

Case Headnote

ISCR Case No. 11-11809.h1

grantedNov 7, 2013· Hon. Paul J. Mason· hearing

Summary

A 33-year-old naturalized U.S. citizen, originally from Jordan, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons highlighted extensive familial ties in Jordan and other countries. His parents are dual U.S. and Jordanian citizens, retired from a Jordanian military administrative position, and spend part of the year in Jordan. Several of his siblings are dual citizens, with one brother residing primarily in Jordan, owning businesses there and in the U.S. Other siblings and in-laws are citizens and residents of Jordan or Brazil, with some maintaining U.S. resident alien status. The applicant married a Jordanian citizen and resident in 2012, who intends to emigrate to the U.S. in 2014.

Further concerns arose from the applicant's use of a Jordanian passport for travel until its expiration in 2011, after which he used his U.S. passport. His Jordanian passport was destroyed by his employer's facility security officer in June 2013, and he stated no intention of renewing it. He also indicated he was unaware of the procedures for renouncing Jordanian citizenship but would do so if required, stating he does not consider himself a dual citizen.

The judge ultimately granted the clearance, finding that the applicant mitigated the concerns. This decision was based on the applicant's demonstrated strong commitment to U.S. interests and self-identification as an American. Additionally, his family members in Jordan had no military or government affiliations, and the applicant took affirmative steps to destroy his expired Jordanian passport, indicating a lack of foreign preference.

Why the Applicant Prevailed

The applicant demonstrated a strong commitment to U.S. interests and identified as an American.
The applicant's family members in Jordan had no military or government affiliations, reducing the risk of foreign influence.
The applicant took affirmative steps to destroy his expired Jordanian passport, indicating a lack of foreign preference.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedPotential Conflict of Interest Due to Foreign Connections
AG ¶ 10(a)raisedExercise of Foreign Citizenship Rights

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Unlikely to Create Conflict
AG ¶ 8(b)appliedMinimal Loyalty to Foreign Interests Due to Strong U.S. Ties
AG ¶ 11(e)appliedPassport Destroyed or Invalidated

Key Rule Quoted

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

Procedural Posture

SOR issuedMar 13, 2013
Answer filedApr 18, 2013
Hearing heldJul 25, 2013
Decision dateNov 7, 2013

Cite For

Mitigation of Foreign Influence Concerns Due to Family Ties in a U.S.-aligned Country
Demonstrating Commitment to U.S. Interests Despite Foreign Connections
Affirmative Action Taken to Renounce Foreign Citizenship Rights

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 dual citizens of the United States and Jordan. They are retired and spend about five months during the winter at their one-story house in Jordan, and the remainder of the year in the United States at the home of one of Applicant’s brothers. Applicant’s father retired from an administrative position in the Jordanian military, but neither parent has any contact with the military or government. Applicant’s parents do not vote in Jordanian elections and do not receive any compensation from the government. When his mother is in Jordan, Applicant speaks to her every day.	For Applicant	Parent in Foreign Country Immediate Family	Jordan HEIGHTENED RISK	Admitted	(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 (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.b	Applicant’s 44-year-old brother, a dual citizen of the United States and Jordan, owns a U.S. gas station which three of Applicant’s brothers, also dual citizens of the two countries, manage when the 44-year-old brother is in Jordan. The three brothers also own and manage an auto mechanic shop. While Applicant’s 44-year-old brother usually returns to United States every year, he has not been in this country for the past three or four years. He owns a bridal shop in Jordan.	For Applicant	Sibling in Foreign Country Immediate Family	Jordan HEIGHTENED RISK	Admitted	(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 (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.c	Applicant’s 47-year-old sister is a citizen of Jordan living in Brazil. She is married to Applicant’s brother-in-law, a citizen and resident of Brazil identified in ¶ 1.i. She is also a resident alien of the United States who returns to this country every six months so her resident alien status (green card) will not expire. Applicant contacts her every two weeks by Internet media communication.	For Applicant	Sibling in Foreign Country Immediate Family	Jordan HEIGHTENED RISK	Admitted	(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 (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.d	Applicant’s 30-year-old sister is a dual citizen of the United States and Jordan. She has lived in the U.S. since 2001. She attended Applicant’s wedding in Jordan in June 2012.	For Applicant	Sibling in Foreign Country Immediate Family	Jordan HEIGHTENED RISK	Admitted	(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 (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.e	Applicant’s 42-year-old sister, a citizen and resident of Jordan, is married to a citizen and resident of Jordan identified in ¶ 1.j. She used to work in a bank, but now stays at home raising three children. She has an appointment at the U.S. Embassy in October 2013 to begin the emigration process to receive a U.S resident alien card. In four or five years, she will become a U.S. citizen.	For Applicant	Sibling in Foreign Country Immediate Family	Jordan HEIGHTENED RISK	Admitted	(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 (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.f	In June 2012, Applicant married his fiancee, a citizen and resident of Jordan whom he has known since childhood. They share an apartment at Applicant’s duty location in Quatar. She is pregnant with their first child. She intends to emigrate to the United States in June 2014. The record contains no additional information about Applicant’s wife.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Jordan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk	(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.	—
1.g	Applicant’s first sister-in-law is a citizen and resident of Jordan. She is married to Applicant’s 44-year-old brother identified in ¶ 1.b. She travels to the United States every six months to fulfill her residency alien requirements. Applicant has virtually no contact with her.	For Applicant	In Law in Foreign Country Extended Family	Jordan HEIGHTENED RISK	Admitted	(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 (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.h	Applicant’s second sister-in-law is a citizen of Jordan residing in the United States. She is married to Applicant’s 47-year-old brother, a dual citizen of the United States and Jordan.	For Applicant	In Law in Foreign Country Extended Family	Jordan HEIGHTENED RISK	Admitted	(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 (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.i	Applicant’s first brother-in-law is a citizen and resident of Brazil. He is married to Applicant’s 47-year-old sister identified in ¶ 1.c. He is an electrical engineer.	For Applicant	Unspecified Foreign Relationship Extended Family	Brazil	Admitted	—	—	—
1.j	Applicant’s second brother-in-law is a citizen and resident of Jordan. He is married to Applicant’s 42-year-old sister identified in ¶ 1.e.	For Applicant	In Law in Foreign Country Extended Family	Jordan HEIGHTENED RISK	Admitted	(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 (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.k	Applicant has two uncles and one aunt who are citizens and residents of Jordan. Applicant knows his aunt travels to the United States every two years, but he is not sure of the travel intervals of his two uncles because he is not in regular contact with them.	For Applicant	Extended Family in Foreign Country Extended Family	Jordan HEIGHTENED RISK	Admitted	(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 (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s parents are dual citizens of the United States and Jordan. They are retired and spend about five months during the winter at their one-story house in Jordan, and the remainder of the year in the United States at the home of one of Applicant’s brothers. Applicant’s father retired from an administrative position in the Jordanian military, but neither parent has any contact with the military or government. Applicant’s parents do not vote in Jordanian elections and do not receive any compensation from the government. When his mother is in Jordan, Applicant speaks to her every day.

For Applicant

Parent in Foreign Country

Immediate Family

Jordan

HEIGHTENED RISK

Admitted

(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

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

—

1.b

Applicant’s 44-year-old brother, a dual citizen of the United States and Jordan, owns a U.S. gas station which three of Applicant’s brothers, also dual citizens of the two countries, manage when the 44-year-old brother is in Jordan. The three brothers also own and manage an auto mechanic shop. While Applicant’s 44-year-old brother usually returns to United States every year, he has not been in this country for the past three or four years. He owns a bridal shop in Jordan.

For Applicant

Sibling in Foreign Country

Immediate Family

Jordan

HEIGHTENED RISK

Admitted

(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

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

—

1.c

Applicant’s 47-year-old sister is a citizen of Jordan living in Brazil. She is married to Applicant’s brother-in-law, a citizen and resident of Brazil identified in ¶ 1.i. She is also a resident alien of the United States who returns to this country every six months so her resident alien status (green card) will not expire. Applicant contacts her every two weeks by Internet media communication.

For Applicant

Sibling in Foreign Country

Immediate Family

Jordan

HEIGHTENED RISK

Admitted

(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

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

—

1.d

Applicant’s 30-year-old sister is a dual citizen of the United States and Jordan. She has lived in the U.S. since 2001. She attended Applicant’s wedding in Jordan in June 2012.

For Applicant

Sibling in Foreign Country

Immediate Family

Jordan

HEIGHTENED RISK

Admitted

(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

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

—

1.e

Applicant’s 42-year-old sister, a citizen and resident of Jordan, is married to a citizen and resident of Jordan identified in ¶ 1.j. She used to work in a bank, but now stays at home raising three children. She has an appointment at the U.S. Embassy in October 2013 to begin the emigration process to receive a U.S resident alien card. In four or five years, she will become a U.S. citizen.

For Applicant

Sibling in Foreign Country

Immediate Family

Jordan

HEIGHTENED RISK

Admitted

(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

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

—

1.f

In June 2012, Applicant married his fiancee, a citizen and resident of Jordan whom he has known since childhood. They share an apartment at Applicant’s duty location in Quatar. She is pregnant with their first child. She intends to emigrate to the United States in June 2014. The record contains no additional information about Applicant’s wife.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Jordan

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

(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.

—

1.g

Applicant’s first sister-in-law is a citizen and resident of Jordan. She is married to Applicant’s 44-year-old brother identified in ¶ 1.b. She travels to the United States every six months to fulfill her residency alien requirements. Applicant has virtually no contact with her.

For Applicant

In Law in Foreign Country

Extended Family

Jordan

HEIGHTENED RISK

Admitted

(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

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

—

1.h

Applicant’s second sister-in-law is a citizen of Jordan residing in the United States. She is married to Applicant’s 47-year-old brother, a dual citizen of the United States and Jordan.

For Applicant

In Law in Foreign Country

Extended Family

Jordan

HEIGHTENED RISK

Admitted

(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

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

—

1.i

Applicant’s first brother-in-law is a citizen and resident of Brazil. He is married to Applicant’s 47-year-old sister identified in ¶ 1.c. He is an electrical engineer.

For Applicant

Unspecified Foreign Relationship

Extended Family

Brazil

Admitted

—

1.j

Applicant’s second brother-in-law is a citizen and resident of Jordan. He is married to Applicant’s 42-year-old sister identified in ¶ 1.e.

For Applicant

In Law in Foreign Country

Extended Family

Jordan

HEIGHTENED RISK

Admitted

(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

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

—

1.k

Applicant has two uncles and one aunt who are citizens and residents of Jordan. Applicant knows his aunt travels to the United States every two years, but he is not sure of the travel intervals of his two uncles because he is not in regular contact with them.

For Applicant

Extended Family in Foreign Country

Extended Family

Jordan

HEIGHTENED RISK

Admitted

(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

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

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	Applicant renewed his Jordanian passport in 2006 and used it to travel to Jordan in 2006, 2008, and late 2009, until it expired in May or June 2011. He then used his U.S. passport, which he received in January 2006, in June 2011 and June 2012 to travel to Jordan. On June 24, 2013, Applicant’s Jordanian passport was destroyed by his employer’s facility security officer (FSO). He has no intention of applying for a new passport whatsoever.	For Applicant	Foreign Passport Possession or Use	Admitted	—	—	—
2.b	He has not taken any other affirmative act to renounce his Jordanian citizenship. He was unaware of the procedures for renouncing citizenship. He does not consider himself a dual citizen and will formally renounce his Jordanian citizenship if required.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

Applicant renewed his Jordanian passport in 2006 and used it to travel to Jordan in 2006, 2008, and late 2009, until it expired in May or June 2011. He then used his U.S. passport, which he received in January 2006, in June 2011 and June 2012 to travel to Jordan. On June 24, 2013, Applicant’s Jordanian passport was destroyed by his employer’s facility security officer (FSO). He has no intention of applying for a new passport whatsoever.

For Applicant

Foreign Passport Possession or Use

Admitted

—

2.b

He has not taken any other affirmative act to renounce his Jordanian citizenship. He was unaware of the procedures for renouncing citizenship. He does not consider himself a dual citizen and will formally renounce his Jordanian citizenship if required.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

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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 CONCEPT

FORMAL FINDINGS

CONCLUSION