Summary
The applicant, a 62-year-old naturalized U.S. citizen originally from Afghanistan, sought a security clearance to work as a linguist. Concerns arose under Guideline B due to his foreign connections, including family in Afghanistan and Pakistan. The judge found that the applicant's strong ties to the U.S. and lack of recent foreign travel mitigated these concerns, leading to a granted security clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant has six siblings living in Afghanistan and Pakistan, one brother living in Germany, and one brother living in the United States. Two of his brothers were drafted into the Afghan army and served in the Afghan Army for one year in the 1960s or 1970s (1.a). Applicant’s brother and three sisters are citizens and residents of Afghanistan (1.b). One of Applicant’s brothers and one sister are residents of Pakistan (1.c). Applicant’s father was employed by the Afghanistan Government as a clerk from 1959 to 1964 (1.d). In 1980, when Applicant was a citizen and resident of Afghanistan, he collected funds from a few people to support an entity that was part of the Mujhadeen. The funds were supposed to be used to purchase clothing and food for those fighting against the communist regime in Afghanistan and to fight the Russian troops in Afghanistan (1.e).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b). The judge applied mitigating conditions AG ¶ 6. The decision turned on the following: The applicant has deep and longstanding relationships and loyalties in the United States; He has not traveled to Pakistan or Afghanistan in over 10 years; All of his children are U.S. citizens, and he maintains frequent contact with them.
Why the Applicant Prevailed
- The applicant has deep and longstanding relationships and loyalties in the United States.
- He has not traveled to Pakistan or Afghanistan in over 10 years.
- All of his children are U.S. citizens, and he maintains frequent contact with them.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Persons
- AG ¶ 6appliedForeign Influence Concerns Mitigated
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedSep 20, 2013
- Answer filedOct 28, 2013Applicant waived his right to a hearing.
- Decision dateFeb 6, 2014
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Importance of U.S. Familial Ties in Security Clearance Decisions
- Consideration of Long-term Residency and Loyalty in Adjudication