Summary
A 52-year-old linguist working for a defense contractor was denied a security clearance under Guideline B (Foreign Influence) due to extensive family ties in Afghanistan. The Statement of Reasons highlighted that the applicant has two brothers and five sisters, all married and residing in Afghanistan. Additionally, the applicant's brother-in-law and sister-in-law are citizens and residents of Afghanistan. While the applicant's mother-in-law and father-in-law are permanent resident aliens living in the U.S. since March 2011, the applicant also admitted to traveling to Afghanistan from November 2009 to January 2010 to visit family and friends.
The judge cited Disqualifying Conditions AG ¶ 7(a) and AG ¶ 7(b), while considering Mitigating Conditions AG ¶ 8(a), AG ¶ 8(b), and AG ¶ 8(c). However, the application was ultimately denied.
The denial was based on the applicant's numerous family members in Afghanistan, which created a heightened risk of foreign exploitation. The applicant failed to provide sufficient evidence of strong ties or loyalty to the United States to mitigate these foreign influence concerns, and did not demonstrate that his foreign contacts would not pose a conflict of interest.
Why the Applicant Was Denied
- The applicant has multiple family members residing in Afghanistan, creating a heightened risk of foreign exploitation.
- The applicant failed to provide evidence of strong ties or loyalty to the United States that could mitigate foreign influence concerns.
- The applicant did not submit sufficient evidence to demonstrate that his foreign contacts would not pose a conflict of interest.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family MembersContact with a foreign family member creates a heightened risk of foreign exploitation.
- AG ¶ 7(b)raisedConnections to Foreign PersonsConnections to foreign persons create a potential conflict of interest.
- AG ¶ 8(a)rejectedNature of Relationships with Foreign PersonsThe applicant did not demonstrate that relationships with foreign persons are unlikely to create a conflict of interest.
- AG ¶ 8(b)rejectedMinimal Conflict of InterestThe applicant did not provide evidence of deep and longstanding relationships in the U.S. to mitigate foreign influence concerns.
- AG ¶ 8(c)rejectedCasual and Infrequent ContactThe applicant's family ties in Afghanistan are extensive, making casual contact unlikely.
Key Rule Quoted
“The mere possession of close family ties with a person in a foreign country is not, as a matter of law, disqualifying under Guideline B.”
Procedural Posture
- SOR issuedMay 2, 2013
- Answer filedJul 6, 2013Applicant requested a decision without a hearing.
- Hearing held—No hearing was conducted.
- Decision dateJan 24, 2014
Cite For
- Denial of Security Clearance Due to Foreign Influence Under Guideline B
- Importance of Demonstrating Strong Ties to the U.S. to Mitigate Foreign Influence Concerns
- Evaluation of Family Connections in Security Clearance Determinations