Summary
The applicant, a 45-year-old naturalized U.S. citizen originally from Afghanistan, sought a security clearance under Guideline B due to foreign contacts. The judge found that the applicant's infrequent and casual contact with relatives in Afghanistan did not pose a significant security risk, and his established life in the U.S. mitigated concerns about foreign influence. The application for security clearance was granted.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: The Applicant has casual and infrequent contact with a few relatives in Afghanistan (1.a). The Applicant’s father is a citizen of Germany, and he resides in Germany (1.b). The Applicant’s father-in-law and mother-in-law are citizens and residents of Afghanistan (1.c).
The judge granted the clearance. The government raised disqualifying conditions 7(a). The judge applied mitigating conditions 8(a), 8(b), 8(c). The decision turned on the following: The applicant has lived in the U.S. for over 22 years and has established deep roots in the country; His foreign contacts are infrequent and casual, with no emotional bond to relatives in Afghanistan; The applicant has demonstrated good judgment and reliability through his work history and positive recommendations.
Why the Applicant Prevailed
- The applicant has lived in the U.S. for over 22 years and has established deep roots in the country.
- His foreign contacts are infrequent and casual, with no emotional bond to relatives in Afghanistan.
- The applicant has demonstrated good judgment and reliability through his work history and positive recommendations.
Conditions Referenced
- 7(a)raisedContact with Foreign Family MembersThe applicant has foreign relatives that may make him subject to undue influence.
- 8(a)appliedNature of Relationships with Foreign PersonsThe relationships are unlikely to place the applicant in a position of divided loyalties.
- 8(b)appliedNo Conflict of InterestThe applicant's loyalty to his U.S. family is strong and he has no financial ties to Afghanistan.
- 8(c)appliedCasual and Infrequent ContactThe applicant's contact with foreign citizens is minimal and does not pose a risk.
Key Rule Quoted
“The adjudicative process is the careful weighing of a number of variables known as the whole person concept.”
Procedural Posture
- SOR issued—
- Answer filedSep 6, 2012
- Hearing heldDec 26, 2012Rescheduled due to illness.
- Decision dateFeb 11, 2013
Cite For
- Mitigation of Foreign Influence Under Guideline B
- Importance of Established Ties to the U.S. in Security Clearance Cases
- Evaluation of Infrequent Foreign Contacts in Security Clearance Determinations