Summary
The applicant, a 36-year-old naturalized U.S. citizen originally from Afghanistan, faced security concerns under Guideline B due to extensive family ties in Afghanistan and Pakistan. Despite his service as an interpreter for U.S. forces, the judge found that the applicant failed to mitigate the risks associated with foreign influence and denied his security clearance application.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant's mother, eldest son, three brothers and their wives, parents-in-law, and brother-in-law are Afghan citizens residing in Pakistan (1.a). Two sisters and their husbands are resident citizens of Afghanistan (1.b). Applicant communicates with his family members in Pakistan several times each month (1.c). Applicant sends his mother regular monthly payments of several hundred dollars through Western Union because she and his son have no other income (1.d). His wife’s parents and brother are citizens of Afghanistan who, for unspecified reasons, moved to western Pakistan in 2006 and currently reside in the same home with Applicant’s extended family (1.e). Applicant’s two sisters are resident citizens of Afghanistan, married to farmers who are also resident citizens there (1.f). Applicant has a strong interest in protecting his mother, son, brothers, sisters, and his wife’s family, who are residents or citizens of those two countries (1.g). Applicant's communication and contact with his Afghani and Pakistan-resident family members since he came to the U.S. are neither casual nor infrequent (1.h). Applicant did not submit any evidence concerning the quality of his professional performance, the level of responsibility his duties entail, or his track record with respect to handling sensitive information and observation of security procedures (1.i). Applicant failed to mitigate resulting security concerns (1.j).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), AG ¶ 7(d). The decision turned on the following: The applicant has extensive family ties in Afghanistan and Pakistan, creating a heightened risk of foreign exploitation and pressure; He failed to demonstrate that his relationships with foreign family members would not place him in a position of conflict between U.S. interests and those of his family; The applicant did not provide evidence of significant ties or contributions to the U.S. that would mitigate the risks associated with his foreign connections.
Why the Applicant Was Denied
- The applicant has extensive family ties in Afghanistan and Pakistan, creating a heightened risk of foreign exploitation and pressure.
- He failed to demonstrate that his relationships with foreign family members would not place him in a position of conflict between U.S. interests and those of his family.
- The applicant did not provide evidence of significant ties or contributions to the U.S. that would mitigate the risks associated with his foreign connections.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
- AG ¶ 7(d)raisedSharing Living Quarters with Foreign Nationals
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of the national security.”
Procedural Posture
- SOR issuedNov 21, 2012
- Answer filedDec 21, 2012
- Hearing held—Decided on the written record without a hearing.
- Decision dateJun 21, 2013
Cite For
- Heightened Risk of Foreign Influence Due to Family Ties Under Guideline B
- Failure to Mitigate Foreign Influence Concerns
- Importance of U.S. Loyalty in Security Clearance Determinations