Summary
A 48-year-old naturalized U.S. citizen, originally from Iran, applied for a public trust position. Concerns were raised under Guideline B (Foreign Influence) and Guideline C (Foreign Preference) due to her family's connections in Iran. Specifically, allegations noted that the applicant has multiple family members who are citizens and residents of Iran, her husband is a citizen of both the United States and Iran, and her mother holds citizenship in Australia and Iran.
Disqualifying conditions related to foreign influence and preference were considered. However, the applicant successfully demonstrated deep and longstanding relationships and loyalties within the United States. She established that she has no substantial property interests or strong family ties in Iran that would subject her to foreign influence.
Furthermore, the applicant voluntarily destroyed her foreign passports and expressed no intention to travel to Iran again. The judge found that these actions, combined with her strong U.S. ties, mitigated any potential foreign influence or preference concerns. Consequently, the applicant was granted eligibility for the public trust position.
Why the applicant prevailed
- The applicant demonstrated deep and longstanding relationships and loyalties in the United States.
- She has no substantial property interests or strong family ties in Iran that would subject her to foreign influence.
- The applicant voluntarily destroyed her foreign passports and expressed no intention to travel to Iran again.
Conditions referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to a Foreign Person That Create a Potential Conflict of Interest
- AG ¶ 7(d)raisedSharing Living Quarters with a Person That Creates a Heightened Risk of Foreign Inducement
- AG ¶ 7(e)raisedSubstantial Business or Financial Interest in a Foreign Country
- AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Deep Ties in the U.S.
- AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Unlikely to Create Conflict
Key rule quoted
“The standard that must be met for . . . assignment to sensitive duties is that, based on all available information, the person’s loyalty, reliability, and trustworthiness are such that . . . assigning the person to sensitive duties is clearly consistent with the interests of national security.”
Procedural posture
- SOR issuedAug 20, 2012
- Answer filedSep 21, 2012
- Hearing heldJan 8, 2013
- Decision dateMar 5, 2013
Cite for
- Mitigation of Foreign Influence Concerns Under Guideline B
- Establishment of Strong U.S. Ties as a Mitigating Factor
- Voluntary Destruction of Foreign Passports as a Mitigating Action