ISCR Case 13-00642.h1

Case Headnote

ISCR Case No. 13-00642.h1

grantedOct 10, 2014· Hon. Noreen A. Lynch· hearing

Summary

A 40-year-old naturalized U.S. citizen, originally from Morocco, was granted a security clearance despite concerns under Guideline B (Foreign Influence). The Statement of Reasons detailed his extensive family ties in Morocco, including his 66-year-old mother, a Moroccan citizen and resident who cares for his three U.S.-citizen children residing there. His second wife is also a Moroccan citizen and resident, whom he married in July 2010. Additionally, his brother, three sisters, mother-in-law, and father-in-law are all Moroccan citizens and residents. The applicant maintains daily-to-weekly contact with his immediate family.

Disqualifying conditions were raised under Adjudicative Guidelines paragraphs 7(a), 7(b), 7(d), and 7(e). However, the applicant demonstrated strong mitigating factors. He has lived in the United States since 1999, becoming a U.S. citizen in 2005. He has worked for three years as a Category II linguist with mission-essential companies, supporting the U.S. military in Afghanistan.

The decision to grant the clearance was based on the applicant's demonstrated strong ties to the U.S. and his commitment to national interests through his military service. He further mitigated concerns by renouncing his Moroccan citizenship and surrendering his Moroccan passport, indicating a clear alignment with U.S. interests. The applicant also provided evidence of his loyalty to the U.S. and confirmed the absence of any pressure or coercion from foreign entities, leading to the application of mitigating conditions 8(b) and 8(c).

Why the Applicant Prevailed

The applicant demonstrated strong ties to the U.S. and a commitment to national interests through his military service.
He renounced his Moroccan citizenship and surrendered his Moroccan passport, indicating a desire to align with U.S. interests.
The applicant provided evidence of his loyalty to the U.S. and the absence of any pressure or coercion from foreign entities.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
AG ¶ 7(d)raisedSharing Living Quarters with Foreign Persons
AG ¶ 7(e)raisedSubstantial Business or Financial Interest in a Foreign Country

Mitigating

AG ¶ 8(b)appliedNo Conflict of Interest Due to Strong U.S. Ties
AG ¶ 8(c)appliedEvidence of Loyalty to the U.S.

Key Rule Quoted

“Eligibility for a security clearance is predicated upon an applicant meeting the criteria contained in the adjudicative guidelines (AG).”

Procedural Posture

SOR issuedFeb 27, 2014
Answer filedTimely
Hearing heldN/ADecided on written record
Decision dateOct 2, 2014

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Demonstrating Loyalty to the U.S. in Security Clearance Cases
Consideration of the Whole-person Concept in Adjudicating Security Clearances

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 family members who are citizens of Morocco. His mother is a citizen and resident of Morocco. She is 66 years old. She cares for Applicant’s children.	For Applicant	Parent in Foreign Country Immediate Family	Morocco HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk (e) shared living quarters creating a heightened risk	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk	Credited Deep U.S. Ties Credited U.S. Military Service
1.b	Applicant’s three children reside in Morocco, but are U.S. citizens. They are cared for by his mother and his second wife.	For Applicant	Parent in Foreign Country Immediate Family	Morocco HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk (e) shared living quarters creating a heightened risk	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk	Credited Deep U.S. Ties Credited U.S. Military Service
1.c	Applicant remarried in July 2010 to a woman who is a Moroccan citizen and resident.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Morocco HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk (e) shared living quarters creating a heightened risk	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk	Credited Deep U.S. Ties Credited U.S. Military Service
1.d	Applicant has a brother and three sisters who are citizens and residents of Morocco.	For Applicant	Sibling in Foreign Country Immediate Family	Morocco HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk (e) shared living quarters creating a heightened risk	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk	Credited Deep U.S. Ties Credited U.S. Military Service
1.e	Applicant’s mother-in-law and father-in-law are citizens and residents of Morocco.	For Applicant	In Law in Foreign Country Extended Family	Morocco HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk (e) shared living quarters creating a heightened risk	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk	Credited Deep U.S. Ties Credited U.S. Military Service
1.f	Applicant maintains contact with his immediate family on a daily-to-weekly basis.	For Applicant	Unspecified Foreign Relationship Other	Morocco HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (d) counterintelligence information indicating unacceptable risk (e) shared living quarters creating a heightened risk	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk	Credited Deep U.S. Ties Credited U.S. Military Service
1.g	Applicant has worked as a linguist (CAT II) with mission-essential companies for three years.	For Applicant	Unspecified Foreign Relationship Other	—	Unknown	—	—	—
1.h	Applicant has lived in the United States since 1999, and became a U.S. citizen in 2005.	For Applicant	Unspecified Foreign Relationship Other	—	Unknown	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant has family members who are citizens of Morocco. His mother is a citizen and resident of Morocco. She is 66 years old. She cares for Applicant’s children.

For Applicant

Parent in Foreign Country

Immediate Family

Morocco

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

(e) shared living quarters creating a heightened risk

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

(c) contact so casual and infrequent there is little likelihood of risk

Credited

Deep U.S. Ties

Credited

U.S. Military Service

1.b

Applicant’s three children reside in Morocco, but are U.S. citizens. They are cared for by his mother and his second wife.

For Applicant

Parent in Foreign Country

Immediate Family

Morocco

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

(e) shared living quarters creating a heightened risk

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

(c) contact so casual and infrequent there is little likelihood of risk

Credited

Deep U.S. Ties

Credited

U.S. Military Service

1.c

Applicant remarried in July 2010 to a woman who is a Moroccan citizen and resident.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Morocco

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

(e) shared living quarters creating a heightened risk

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

(c) contact so casual and infrequent there is little likelihood of risk

Credited

Deep U.S. Ties

Credited

U.S. Military Service

1.d

Applicant has a brother and three sisters who are citizens and residents of Morocco.

For Applicant

Sibling in Foreign Country

Immediate Family

Morocco

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

(e) shared living quarters creating a heightened risk

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

(c) contact so casual and infrequent there is little likelihood of risk

Credited

Deep U.S. Ties

Credited

U.S. Military Service

1.e

Applicant’s mother-in-law and father-in-law are citizens and residents of Morocco.

For Applicant

In Law in Foreign Country

Extended Family

Morocco

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

(e) shared living quarters creating a heightened risk

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

(c) contact so casual and infrequent there is little likelihood of risk

Credited

Deep U.S. Ties

Credited

U.S. Military Service

1.f

Applicant maintains contact with his immediate family on a daily-to-weekly basis.

For Applicant

Unspecified Foreign Relationship

Other

Morocco

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(d) counterintelligence information indicating unacceptable risk

(e) shared living quarters creating a heightened risk

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

(c) contact so casual and infrequent there is little likelihood of risk

Credited

Deep U.S. Ties

Credited

U.S. Military Service

1.g

Applicant has worked as a linguist (CAT II) with mission-essential companies for three years.

For Applicant

Unspecified Foreign Relationship

Other

—

Unknown

—

1.h

Applicant has lived in the United States since 1999, and became a U.S. citizen in 2005.

For Applicant

Unspecified Foreign Relationship

Other

—

Unknown

—

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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