ISCR Case 01-12807.h1

Case Headnote

ISCR Case No. 01-12807.h1

grantedJun 17, 2002· Hon. Barry M. Sax· hearing

Summary

A 32-year-old U.S.-born engineer, whose parents were Iranian, was granted a security clearance despite concerns under Guidelines B (Foreign Influence) and C (Foreign Preference). The applicant had lived in Iran until age 10 or 11/12 and was considered an Iranian citizen by Iran due to her father's nationality. She possessed an Iranian passport from approximately July 1993 until its expiration in September 2001, using it for two trips to Iran in 1993 and 2000 to visit family, including her elderly grandmother.

The Statement of Reasons noted that her grandmother, aunt, uncle, and several cousins reside in Iran, with whom she has infrequent contact. She has no property or financial interests in Iran and does not plan to acquire any. Although she initially intended to renew her Iranian passport, she later changed her mind and allowed it to expire, stating she has no plans for renewal and understands this will prevent future visits to her relatives in Iran.

The judge found that the applicant's strong allegiance to the United States, her decision to let her Iranian passport expire without renewal plans, and the absence of pressure from her Iranian relatives regarding her U.S. security obligations mitigated the initial concerns. Consequently, her security clearance was granted.

Why the Applicant Prevailed

The applicant demonstrated a strong allegiance to the United States, stating she considers herself an American.
She allowed her Iranian passport to expire and has no intention of renewing it, indicating a lack of foreign preference.
The applicant's family in Iran has not pressured her regarding her U.S. security obligations.

Conditions Referenced

Disqualifying

C1raisedDual Citizenship
C2raisedPossession And/or Use of a Foreign Passport
B1raisedImmediate Family Member Is a Citizen of a Foreign Country

Mitigating

C1appliedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign Country
C4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship
B1appliedImmediate Family Member(s) Are Not Agents of a Foreign Power
B3appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent

Key Rule Quoted

“"any doubt as to whether access to classified information is clearly consistent with the interests of national security will be resolved in favor of the nation's security."”
— DoD Directive 5220.6, as amended, at E2.2.2.

Procedural Posture

SOR issuedJan 8, 2002
Answer filedFeb 25, 2002
Hearing heldApr 25, 2002
Decision dateJun 17, 2002

Cite For

Mitigation of Foreign Preference Under Guideline C Due to Lack of Intent to Renew Foreign Passport
Mitigation of Foreign Influence Concerns Based on Minimal Contact with Foreign Relatives
Demonstration of Allegiance to the U.S. Despite Dual Citizenship Status

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	Applicant's grandmother, aunt, uncle, and several cousins are citizens and residents of Iran. Her contact with her relatives in Iran is "infrequent." She has no property or financial interests in Iran and does not plan to obtain any such interests. She believes that none of her relatives in Iran know about her employment or access to U.S. secrets (Response to SOR).	For Applicant	Extended Family in Foreign Country Extended Family	Iran	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant's grandmother, aunt, uncle, and several cousins are citizens and residents of Iran. Her contact with her relatives in Iran is "infrequent." She has no property or financial interests in Iran and does not plan to obtain any such interests. She believes that none of her relatives in Iran know about her employment or access to U.S. secrets (Response to SOR).

For Applicant

Extended Family in Foreign Country

Extended Family

Iran

Denied

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant exercises dual citizenship with the U.S. and Iran, because Iran considers her to be Iranian because her father was an Iranian. Thus, her Iranian citizenship is derived from her birth to an Iranian father (AX D), and her U.S. citizenship is derived from her being born in the U.S. in September 1969. Applicant was taken to Iran in 1969/1970 by her family and remained there until approximately 1981, when she returned to the U.S. with her family at age 11/12. She recognizes that Iran may consider her to be a citizen of Iran but, "with respect to her loyalty and allegiance," she does not so consider herself (Tr at 100, 101).	For Applicant	Foreign Citizenship Acquisition or Application	Denied	—	(a) the foreign citizenship is not in conflict with U.S. national security interests	Claimed Other
2.a	Applicant possessed a valid Iranian passport from about July 1993 to September 11, 2001, when the passport expired. During this period, she renewed her Iranian passport once.	For Applicant	Foreign Passport Possession or Use	Denied	—	(a) the foreign citizenship is not in conflict with U.S. national security interests	Claimed Other
2.b	Applicant used her Iranian passport for traveling to and from Iran during September and October 1993 and again during June and July 2000. Applicant used her Iranian passport because she believed "no other means has been available to children born to Iranian fathers." Her primary interest in the Iranian passport is that it would allow her quicker access to her elderly grandmother (Tr at 88). She has seen her grandmother only twice in the past 21 years (Tr at 89). She had read U.S. State Department documents about the dangers inherent in dual citizens traveling to Iran (Tr at 34 and AX D). Applicant was willing to give up her Iranian passport, forgoing any future travel to Iran (Response to SOR) but the passport expired in September 2001 and she does not plan to renew it (Tr at 35). She understands this would mean she would be unable to return to Iran in time if her grandmother suddenly became ill and passed away and that it "would basically eliminate any opportunities to visit [her relatives in Iran] in the future" (Tr at 35).	For Applicant	Foreign Passport Possession or Use	Denied	—	(a) the foreign citizenship is not in conflict with U.S. national security interests	Claimed Other
2.c	As of March 23, 2001, when Applicant was interviewed by an agent of the Defense Security Service, she intended to renew her Iranian passport when it expired in September 2001. However, Applicant thereafter changed her mind and allowed the Iranian passport to lapse (Response to SOR and GX 3).	For Applicant	Failure to Renounce or Surrender Foreign Status	Denied	—	(a) the foreign citizenship is not in conflict with U.S. national security interests	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant exercises dual citizenship with the U.S. and Iran, because Iran considers her to be Iranian because her father was an Iranian. Thus, her Iranian citizenship is derived from her birth to an Iranian father (AX D), and her U.S. citizenship is derived from her being born in the U.S. in September 1969. Applicant was taken to Iran in 1969/1970 by her family and remained there until approximately 1981, when she returned to the U.S. with her family at age 11/12. She recognizes that Iran may consider her to be a citizen of Iran but, "with respect to her loyalty and allegiance," she does not so consider herself (Tr at 100, 101).

For Applicant

Foreign Citizenship Acquisition or Application

Denied

—

(a) the foreign citizenship is not in conflict with U.S. national security interests

Claimed

Other

2.a

Applicant possessed a valid Iranian passport from about July 1993 to September 11, 2001, when the passport expired. During this period, she renewed her Iranian passport once.

For Applicant

Foreign Passport Possession or Use

Denied

—

(a) the foreign citizenship is not in conflict with U.S. national security interests

Claimed

Other

2.b

Applicant used her Iranian passport for traveling to and from Iran during September and October 1993 and again during June and July 2000. Applicant used her Iranian passport because she believed "no other means has been available to children born to Iranian fathers." Her primary interest in the Iranian passport is that it would allow her quicker access to her elderly grandmother (Tr at 88). She has seen her grandmother only twice in the past 21 years (Tr at 89). She had read U.S. State Department documents about the dangers inherent in dual citizens traveling to Iran (Tr at 34 and AX D). Applicant was willing to give up her Iranian passport, forgoing any future travel to Iran (Response to SOR) but the passport expired in September 2001 and she does not plan to renew it (Tr at 35). She understands this would mean she would be unable to return to Iran in time if her grandmother suddenly became ill and passed away and that it "would basically eliminate any opportunities to visit [her relatives in Iran] in the future" (Tr at 35).

For Applicant

Foreign Passport Possession or Use

Denied

—

(a) the foreign citizenship is not in conflict with U.S. national security interests

Claimed

Other

2.c

As of March 23, 2001, when Applicant was interviewed by an agent of the Defense Security Service, she intended to renew her Iranian passport when it expired in September 2001. However, Applicant thereafter changed her mind and allowed the Iranian passport to lapse (Response to SOR and GX 3).

For Applicant

Failure to Renounce or Surrender Foreign Status

Denied

—

(a) the foreign citizenship is not in conflict with U.S. national security interests

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

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES