Summary
The applicant, a 70-year-old naturalized U.S. citizen originally from Afghanistan, faced security concerns under Guideline B (foreign influence) and Guideline C (foreign preference) due to his close family ties in Afghanistan, including a brother who remains a resident there. The judge found that these ties created a potential for foreign influence and did not sufficiently mitigate the risks associated with his relationships, leading to the denial of his security clearance application.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Contact with a foreign family member, business or professional associate, friend, or other person who is a citizen of or resident in a foreign country if that contact creates a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion (1.a). The value or routine nature of the foreign business, financial, or property interests is such that they are unlikely to result in a conflict and could not be used effectively to influence, manipulate, or pressure the individual (1.d). The applicant has a close relationship with family members who are citizens and residents of Afghanistan, which raises concerns about foreign preference (2.a).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b). The decision turned on the following: The applicant has close family ties in Afghanistan, including a brother who is a resident there, which raises concerns of foreign influence; The applicant admitted to having a preference for Afghanistan over the U.S. in a prior statement, indicating potential divided loyalties; The applicant's past financial support to family members in Afghanistan, although minimal, contributes to the perception of foreign influence.
Why the Applicant Was Denied
- The applicant has close family ties in Afghanistan, including a brother who is a resident there, which raises concerns of foreign influence.
- The applicant admitted to having a preference for Afghanistan over the U.S. in a prior statement, indicating potential divided loyalties.
- The applicant's past financial support to family members in Afghanistan, although minimal, contributes to the perception of foreign influence.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
- AG ¶ 8(a)rejectedNature of Relationships with Foreign Persons Unlikely to Create ConflictThe applicant's ongoing contact with his brother in Afghanistan negates the possibility of mitigation.
- AG ¶ 8(b)rejectedMinimal Conflict of Interest Due to Loyalty to U.S.The applicant did not provide sufficient evidence to show minimal likelihood of foreign influence.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedAug 9, 2012
- Answer filedSep 8, 2012
- Hearing held—Decided on the written record without a hearing.
- Decision dateFeb 15, 2013
Cite For
- Foreign Influence Concerns Due to Family Ties Under Guideline B
- Impact of Foreign Preference on Security Clearance Eligibility Under Guideline C
- The Necessity of Demonstrating Minimal Risk of Foreign Influence for Mitigation Under AG ¶ 8.