ISCR Case 01-04062.h1

Case Headnote

ISCR Case No. 01-04062.h1

deniedDec 19, 2001· Hon. Darlene Lokey Anderson· hearing

Summary

A 30-year-old naturalized U.S. citizen, originally from Iran, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant's continued possession of an Iranian passport after becoming a U.S. citizen, and her use of it for travel to Iran in 1993, 1998, and after 1999, were cited as evidence of foreign preference. Although she stated a willingness to surrender the passport, she had not done so.

Significant family ties in Iran also raised foreign influence concerns. Her grandmother, aunt, and cousins are Iranian citizens residing in Iran, and her mother, an Iranian citizen residing in the U.S., travels regularly to Iran. Her sister, also an Iranian citizen residing in the U.S., is eligible for U.S. citizenship but has not obtained it. While her husband is a naturalized U.S. citizen born in Pakistan, his father is a Pakistani citizen residing in Pakistan, though the applicant stated they have no contact with him.

The denial was based on the applicant's maintenance of an Iranian passport, her substantial family ties in Iran, and her failure to demonstrate a willingness to renounce Iranian citizenship or surrender her Iranian passport, which collectively indicated a preference for Iran and potential vulnerability to foreign influence.

Why the Applicant Was Denied

The applicant maintained an Iranian passport after becoming a U.S. citizen, indicating a preference for Iran.
The applicant has substantial family ties in Iran, including relatives who are Iranian citizens, which could lead to foreign influence.
The applicant did not demonstrate a willingness to renounce her Iranian citizenship or surrender her Iranian passport.

Conditions Referenced

Disqualifying

C1raisedForeign Preference - Possession And/or Use of a Foreign Passport
B1raisedForeign Influence - an Immediate Family Member Is a Citizen of a Foreign Country

Mitigating

C4rejectedForeign Preference - Individual Has Expressed a Willingness to Renounce Dual CitizenshipThe applicant did not convincingly demonstrate a desire to renounce her Iranian citizenship.

Key Rule Quoted

“An individual who demonstrates a foreign preference and has foreign connections may be prone to provide information or make decisions that are harmful to the interests of the United States.”

Procedural Posture

SOR issuedJul 12, 2001
Answer filedJul 31, 2001Applicant elected to proceed without a hearing.
Hearing held—Written record only.
Decision dateDec 19, 2001

Cite For

Foreign Preference Due to Possession of a Foreign Passport Under Guideline C
Foreign Influence Concerns Arising From Family Ties in a Foreign Country Under Guideline B
Rejection of Mitigating Conditions Related to Foreign Preference and Influence

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's mother and sister are citizens of Iran, but reside in the United States. The Applicant's mother travels regularly to Iran to care for the Applicant's grandmother and, as the result of her frequent travel, she is not eligible for United States Citizenship at this time. The Applicant's sister is eligible for citizenship, but is not a citizen. The Applicant's grandmother, aunt, and cousins are citizens of Iran and all reside in Iran.	Against Applicant	Parent in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Unknown	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.a	The Applicant's husband was born in Pakistan. The Applicant claims that he is a naturalized citizen of the United States, but provides no specifics. The Applicant states that her husband's family are Christian Pakistanis who immigrated to the United States and Canada over twenty years ago. She further states that they have become United States and Canadian citizens.	Against Applicant	In Law in Foreign Country Immediate Family	Pakistan HEIGHTENED RISK	Unknown	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.a	The Applicant's father-in-law is a citizen of Pakistan and resides in Pakistan. The Applicant states that her mother-in-law and father-in-law divorced in 1982, and she and her husband have no contact with her father-in-law.	Against Applicant	In Law in Foreign Country Immediate Family	Pakistan HEIGHTENED RISK	Unknown	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.a	The Applicant visits her family in Iran when she travels there. The Applicant traveled to Iran in 1993, and again in 1998, each time using her Iranian passport. There is also evidence that she traveled to Iran using her Iranian passport after becoming an American citizen in 1999.	Against Applicant	Unspecified Foreign Relationship Other	Iran HEIGHTENED RISK	Unknown	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

The Applicant's mother and sister are citizens of Iran, but reside in the United States. The Applicant's mother travels regularly to Iran to care for the Applicant's grandmother and, as the result of her frequent travel, she is not eligible for United States Citizenship at this time. The Applicant's sister is eligible for citizenship, but is not a citizen. The Applicant's grandmother, aunt, and cousins are citizens of Iran and all reside in Iran.

Against Applicant

Parent in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Unknown

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

—

2.a

The Applicant's husband was born in Pakistan. The Applicant claims that he is a naturalized citizen of the United States, but provides no specifics. The Applicant states that her husband's family are Christian Pakistanis who immigrated to the United States and Canada over twenty years ago. She further states that they have become United States and Canadian citizens.

Against Applicant

In Law in Foreign Country

Immediate Family

Pakistan

HEIGHTENED RISK

Unknown

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

—

2.a

The Applicant's father-in-law is a citizen of Pakistan and resides in Pakistan. The Applicant states that her mother-in-law and father-in-law divorced in 1982, and she and her husband have no contact with her father-in-law.

Against Applicant

In Law in Foreign Country

Immediate Family

Pakistan

HEIGHTENED RISK

Unknown

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

—

2.a

The Applicant visits her family in Iran when she travels there. The Applicant traveled to Iran in 1993, and again in 1998, each time using her Iranian passport. There is also evidence that she traveled to Iran using her Iranian passport after becoming an American citizen in 1999.

Against Applicant

Unspecified Foreign Relationship

Other

Iran

HEIGHTENED RISK

Unknown

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

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The Applicant is ineligible for clearance because she has acted in such a way as to show a preference for another country over the United States.	Against Applicant	Foreign Passport Possession or Use	Denied	(a) applying for and/or acquiring citizenship in any other country	—	—
1.b	The Applicant was born in Iran.	Against Applicant	Unspecified Foreign Preference	Denied	—	—	—
1.c	She currently holds a passport that was issued by the Iranian Government in May 1997, which will not expire until May 2002.	Against Applicant	Foreign Passport Possession or Use	Denied	(a) applying for and/or acquiring citizenship in any other country	—	—
1.d	The Applicant has maintained her Iranian passport for the convenience of traveling to Iran to visit her family.	Against Applicant	Foreign Passport Possession or Use	Denied	(a) applying for and/or acquiring citizenship in any other country	—	—
1.e	She has traveled to Iran using her Iranian passport in 1993, 1998, and even after becoming an American citizen in 1999.	Against Applicant	Foreign Passport Possession or Use	Denied	(a) applying for and/or acquiring citizenship in any other country	—	—
1.f	Although the Applicant states that she is willing to surrender her Iranian passport, she has not done so.	Against Applicant	Failure to Renounce or Surrender Foreign Status	Denied	(a) applying for and/or acquiring citizenship in any other country	—	—
2.a	The Government alleges in this paragraph that the Applicant is ineligible for clearance because she has acted in such a way as to show a preference for another country over the United States.	Against Applicant	Unspecified Foreign Preference	Denied	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The Applicant is ineligible for clearance because she has acted in such a way as to show a preference for another country over the United States.

Against Applicant

Foreign Passport Possession or Use

Denied

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

—

1.b

The Applicant was born in Iran.

Against Applicant

Unspecified Foreign Preference

Denied

—

1.c

She currently holds a passport that was issued by the Iranian Government in May 1997, which will not expire until May 2002.

Against Applicant

Foreign Passport Possession or Use

Denied

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

—

1.d

The Applicant has maintained her Iranian passport for the convenience of traveling to Iran to visit her family.

Against Applicant

Foreign Passport Possession or Use

Denied

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

—

1.e

She has traveled to Iran using her Iranian passport in 1993, 1998, and even after becoming an American citizen in 1999.

Against Applicant

Foreign Passport Possession or Use

Denied

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

—

1.f

Although the Applicant states that she is willing to surrender her Iranian passport, she has not done so.

Against Applicant

Failure to Renounce or Surrender Foreign Status

Denied

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

—

2.a

The Government alleges in this paragraph that the Applicant is ineligible for clearance because she has acted in such a way as to show a preference for another country over the United States.

Against Applicant

Unspecified Foreign Preference

Denied

—

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Case Profile

Summary

Why the Applicant Was Denied

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

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES