Summary
A 38-year-old male applicant with an MS in electrical engineering was granted a security clearance despite concerns under Guideline C (Foreign Preference) and Guideline M (Use of Information Technology). The Statement of Reasons raised several allegations, including his use of an Iranian passport for travel to and from Iran in May 1992 and August 1993, prior to becoming a U.S. citizen and obtaining a U.S. passport. Further allegations noted his continued use of an Iranian passport for visits to Iran after naturalization, his conscription into the Iranian army, and the requirement to comply with Iranian laws during his military service. The use of dual passports was identified as a negative factor.
Disqualifying Conditions 1, 2, and 3 were raised, but Mitigating Conditions 1, 2, 4, and 5 were applied. The applicant had fled Iran after military service and injuries from a nerve gas attack, later providing valuable information to U.S. intelligence.
The clearance was granted because the applicant demonstrated a strong commitment to American values and citizenship. He voluntarily provided valuable information to U.S. intelligence, enhancing his credibility. Crucially, upon learning of Department of Defense policy, he renounced his Iranian citizenship and surrendered his Iranian passport.
Why the applicant prevailed
- The applicant demonstrated a strong commitment to American values and citizenship.
- He voluntarily provided valuable information to U.S. intelligence, enhancing his credibility.
- The applicant renounced his Iranian citizenship and surrendered his Iranian passport upon learning of DoD policy.
Conditions referenced
- DC1raisedThe Exercise of Dual Citizenship
- DC2raisedPossession And/or Use of a Foreign Passport
- DC3raisedMilitary Service or a Willingness to Bear Arms for a Foreign Country
- MC1appliedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign Country
- MC2appliedIndicators of Possible Foreign Preference Occurred Before Obtaining United States Citizenship
- MC4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship
- MC5appliedForeign Financial Interests Are Minimal and Not Sufficient to Affect the Individual's Security Responsibilities
Key rule quoted
“Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of the national security.”
Procedural posture
- SOR issuedSep 26, 2002
- Answer filedOct 8, 2002
- Hearing heldJan 30, 2003
- Decision dateJun 2, 2003
Cite for
- Mitigation of Foreign Preference Due to Prior Military Service
- Good Faith Renunciation of Foreign Citizenship
- Evidence of Strong Ties to the U.S. Despite Foreign Family Connections