Summary
The applicant, a 36-year-old naturalized U.S. citizen originally from Afghanistan, faced security concerns under Guideline B due to family ties in Afghanistan. He successfully mitigated these concerns by demonstrating strong ties to the U.S. and a commitment to protecting classified information, resulting in a granted security clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant’s mother, older brother, and five sisters are citizens and residents of Afghanistan (1.a). Applicant’s father-in-law and mother-in-law were citizens of Afghanistan, but are deceased (1.b). Applicant has one brother who is a citizen and resident of Afghanistan (1.c). Applicant has five sisters who are citizens and residents of Afghanistan (1.d). Applicant has a step-son in Afghanistan, which he denied (1.e).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b). The judge applied mitigating conditions AG ¶ 8(b). The decision turned on the following: The applicant has substantial family ties in the U.S. that outweigh his connections to Afghanistan; He has lived in the U.S. for a longer period than he lived in Afghanistan and has built a life there; The applicant's actions as a linguist for U.S. forces demonstrate his loyalty to the U.S.
Why the Applicant Prevailed
- The applicant has substantial family ties in the U.S. that outweigh his connections to Afghanistan.
- He has lived in the U.S. for a longer period than he lived in Afghanistan and has built a life there.
- The applicant's actions as a linguist for U.S. forces demonstrate his loyalty to the U.S.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant has family members who are citizens and residents of Afghanistan, creating a heightened risk of foreign exploitation.
- AG ¶ 7(b)raisedConnections to Foreign PersonsThe applicant's connections to family in Afghanistan could create a potential conflict of interest.
- AG ¶ 8(b)appliedNo Conflict of InterestThe applicant's deep and longstanding relationships and loyalties in the U.S. can be expected to resolve any conflict of interests in favor of U.S. interests.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedOct 11, 2012
- Answer filedNov 8, 2012
- Hearing heldSep 5, 2013Hearing was rescheduled once.
- Decision dateOct 29, 2013
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Importance of U.S. Ties in Evaluating Foreign Connections
- Whole-person Concept in Security Clearance Determinations