ISCR Case 13-00619.h1

Case Headnote

ISCR Case No. 13-00619.h1

grantedMar 6, 2014· Hon. Mary E. Henry· hearing

Summary

A 58-year-old linguist, born in Afghanistan, was granted a security clearance after addressing concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons highlighted that the applicant obtained an Afghan passport in May 2007 to visit Iran with family, which was seen as an exercise of Afghan citizenship. Additionally, concerns were raised about her family connections, including a cousin in Afghanistan and her husband's uncle and stepbrother, who are Afghan citizens residing in Iran.

To mitigate these concerns, the applicant formally renounced her Afghan citizenship in October 2013, despite having long considered herself solely a U.S. citizen. Her Afghan passport expired nearly four years prior to the decision and was not renewed; she travels exclusively on her U.S. passport and has no intent to obtain another Afghan passport. She voluntarily surrendered her expired Afghan passport to her facility security officer.

The judge determined that the applicant's actions in 2007 were primarily an effort to facilitate her elderly mother's visit to a dying sister in Iran, rather than an indication of foreign preference. Ultimately, the evidence did not establish a significant risk of foreign influence or coercion from her family connections, leading to the clearance being granted.

Why the Applicant Prevailed

Applicant formally renounced her Afghan citizenship in October 2013.
Applicant has no plans to renew her expired Afghan passport and travels on her U.S. passport.
The evidence did not establish a significant risk of foreign influence or coercion from her family connections.

Conditions Referenced

Disqualifying

C1raisedPossession of a Current Foreign Passport
C2raisedAction to Acquire or Obtain Recognition of a Foreign Citizenship by an American Citizen

Mitigating

C2appliedThe Individual Has Expressed a Willingness to Renounce Dual Citizenship
C5appliedThe Passport Has Been Destroyed, Surrendered to the Cognizant Security Authority, or Otherwise Invalidated
B2appliedThe Nature of the Foreign Contacts Is Such That They Do Not Pose a Security Risk

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”

Procedural Posture

SOR issuedSep 12, 2013
Answer filedOct 5, 2013Applicant requested a decision on the written record.
Hearing held—No hearing; decision based on written record.
Decision dateMar 6, 2014

Cite For

Mitigation of Foreign Preference Concerns Under Guideline C
Resolution of Foreign Influence Concerns Based on Family Ties
Importance of Renouncing Foreign Citizenship in Security Clearance Cases

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
2.a	The applicant has a cousin who is a citizen and resident of Afghanistan. The cousin owns a shop in Afghanistan. The applicant last talked with her cousin by telephone more than one year ago, and she last visited with him in August 2007.	For Applicant	Extended Family in Foreign Country Extended Family	Afghanistan HEIGHTENED RISK	Denied	—	—	—
2.b	The applicant's husband has an uncle and stepbrother who are citizens of Afghanistan and residents of Iran. The husband talks with his uncle by telephone once a year. The husband last spoke with his stepbrother two years ago. The husband saw his uncle and stepbrother in August 2007.	For Applicant	Sibling in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Denied	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

The applicant has a cousin who is a citizen and resident of Afghanistan. The cousin owns a shop in Afghanistan. The applicant last talked with her cousin by telephone more than one year ago, and she last visited with him in August 2007.

For Applicant

Extended Family in Foreign Country

Extended Family

Afghanistan

HEIGHTENED RISK

Denied

—

2.b

The applicant's husband has an uncle and stepbrother who are citizens of Afghanistan and residents of Iran. The husband talks with his uncle by telephone once a year. The husband last spoke with his stepbrother two years ago. The husband saw his uncle and stepbrother in August 2007.

For Applicant

Sibling in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant applied to the Afghanistan Embassy and received an Afghanistan passport in May 2007. With the passport, she applied for and received a visa for a visit to Iran. She and some of her family members visited Iran in 2007. To obtain the Afghan passport, she took an action which gave recognition to her past Afghan citizenship. She also exercised a privilege of her Afghan citizenship. A security concern is establish under AG ¶¶ 10(1)(a) and 10(b).	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country (b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	Claimed Other
1.b	Applicant’s Afghan passport expired nearly four years ago, and she has not renewed the passport. She travels on her U.S. passport. She voluntarily gave the expired Afghan passport to her facility security officer. She has no intent to obtain another Afghan passport. She also formally renounced her Afghan citizenship to the Afghanistan Embassy in a letter dated October 2013, even though she had long believed herself to be only a U.S. citizen. Applicant’s preference is to the United States, her adopted country. Her actions in 2007 do not show a preference to Afghanistan or Iran, only an effort to take her elderly mother to see her mother’s dying sister in Iran. She has mitigated the security concerns about her foreign preference under AG ¶¶ 11(b) and 11(e).	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant applied to the Afghanistan Embassy and received an Afghanistan passport in May 2007. With the passport, she applied for and received a visa for a visit to Iran. She and some of her family members visited Iran in 2007. To obtain the Afghan passport, she took an action which gave recognition to her past Afghan citizenship. She also exercised a privilege of her Afghan citizenship. A security concern is establish under AG ¶¶ 10(1)(a) and 10(b).

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

(a) applying for and/or acquiring citizenship in any other country

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

Claimed

Other

1.b

Applicant’s Afghan passport expired nearly four years ago, and she has not renewed the passport. She travels on her U.S. passport. She voluntarily gave the expired Afghan passport to her facility security officer. She has no intent to obtain another Afghan passport. She also formally renounced her Afghan citizenship to the Afghanistan Embassy in a letter dated October 2013, even though she had long believed herself to be only a U.S. citizen. Applicant’s preference is to the United States, her adopted country. Her actions in 2007 do not show a preference to Afghanistan or Iran, only an effort to take her elderly mother to see her mother’s dying sister in Iran. She has mitigated the security concerns about her foreign preference under AG ¶¶ 11(b) and 11(e).

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

Claimed

Other

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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