ISCR Case 12-04375.h1

Case Headnote

ISCR Case No. 12-04375.h1

grantedDec 23, 2014· Hon. Carol G. Ricciardello· hearing

Summary

This case concerns a 45-year-old naturalized U.S. citizen, originally from Jordan, whose security clearance was reviewed under Guideline B (Foreign Influence) due to family ties in Jordan. The Statement of Reasons detailed the applicant's regular contact with numerous family members in Jordan, including parents, nine siblings (all but one of whom are Jordanian citizens and residents), and their spouses. The applicant visits them, speaks to them by phone, and is sponsoring three family members for U.S. immigration. Travel to Jordan occurred yearly from 2005 to 2011, and again in 2013 and 2014, primarily to visit his elderly parents.

The allegations raised concerns under Adjudicative Guidelines (AG) ¶ 7(a) and ¶ 7(b) regarding potential foreign influence due to these contacts. However, the judge applied mitigating conditions under AG ¶ 8(a) and ¶ 8(b).

The clearance was GRANTED because the applicant demonstrated strong allegiance and ties to the United States through citizenship, family, and assets. The judge found that contact with family in Jordan was for personal reasons, with no evidence of coercion or pressure from the Jordanian government. Additionally, the family members in Jordan had minimal affiliations with the government, which reduced the risk of foreign influence.

Why the Applicant Prevailed

The applicant demonstrated strong ties to the United States through his citizenship, family, and assets.
The applicant's contact with family in Jordan was primarily for personal reasons, with no evidence of coercion or pressure from the Jordanian government.
The applicant's family members in Jordan had minimal affiliations with the government, reducing the risk of foreign influence.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant's family ties in Jordan created a heightened risk of foreign exploitation.
AG ¶ 7(b)raisedConnections to Foreign PersonsThe applicant's connections to family in Jordan presented a potential conflict of interest.

Mitigating

AG ¶ 8(a)appliedNature of Relationship with Foreign PersonsThe applicant's relationships with family members in Jordan were unlikely to place him in conflict with U.S. interests.
AG ¶ 8(b)appliedMinimal Conflict of InterestThe applicant's deep ties to the U.S. outweighed any potential conflicts with his family in Jordan.

Key Rule Quoted

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

Procedural Posture

SOR issuedAug 1, 2014
Answer filedAug 25, 2013
Hearing heldNov 17, 2014
Decision dateDec 23, 2014

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Strong U.S. Ties in Security Clearance Decisions
Consideration of Family Relationships in Assessing Foreign Influence Risks

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 has regular and ongoing contact with his family members and their spouses in Jordan. He visits them and speaks to them by phone. He is sponsoring three of them to immigrate to the United States.	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	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Deep U.S. Ties
1.b	Applicant’s contact with these family members, who are citizens and residents of Jordan, create a heightened security concern under AG ¶ 7(a).	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	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Deep U.S. Ties
1.c	Applicant has five brothers and four sisters. All except one sister and her husband are citizens and residents of Jordan. This sister has dual citizenship with Australia and 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	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Deep U.S. Ties
1.d	Applicant’s parents are citizens and residents of Jordan. His father is 89 and his mother is 81 years old. His father is a retired school teacher and his mother is a homemaker.	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	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Deep U.S. Ties
1.e	Applicant traveled to Jordan yearly from 2005 to 2011 and again in 2013 and 2014, to visit his parents. He will likely visit them again next summer unless they become ill and he would go sooner.	For Applicant	Unspecified Foreign Relationship Other	Jordan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(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 has regular and ongoing contact with his family members and their spouses in Jordan. He visits them and speaks to them by phone. He is sponsoring three of them to immigrate to the United States.

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

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

Claimed

Deep U.S. Ties

1.b

Applicant’s contact with these family members, who are citizens and residents of Jordan, create a heightened security concern under AG ¶ 7(a).

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

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

Claimed

Deep U.S. Ties

1.c

Applicant has five brothers and four sisters. All except one sister and her husband are citizens and residents of Jordan. This sister has dual citizenship with Australia and 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

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

Claimed

Deep U.S. Ties

1.d

Applicant’s parents are citizens and residents of Jordan. His father is 89 and his mother is 81 years old. His father is a retired school teacher and his mother is a homemaker.

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

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

Claimed

Deep U.S. Ties

1.e

Applicant traveled to Jordan yearly from 2005 to 2011 and again in 2013 and 2014, to visit his parents. He will likely visit them again next summer unless they become ill and he would go sooner.

For Applicant

Unspecified Foreign Relationship

Other

Jordan

HEIGHTENED RISK

Admitted

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

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

Claimed

Deep U.S. Ties

Loading case…

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

FOOTNOTES