ISCR Case 02-00318.h1

Case Headnote

ISCR Case No. 02-00318.h1

grantedJun 2, 2003· Hon. Burt Smith· hearing

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

Disqualifying

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

Mitigating

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

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant used his Iranian passport to enter and depart Iran on two occasions in May 1992 and August 1993 before he became a US citizen and received a US passport.	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country (b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Claimed Other
1.b	Applicant used his Iranian passport for visits to Iran after becoming a US citizen.	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country (b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Claimed Other
1.c	Applicant was conscripted into the Iranian army by the Government of Iran (GOI).	For Applicant	Foreign Military or Government Service	Admitted	(c) failure to use a U.S. passport when entering or exiting the U.S.	(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference	Claimed Other
1.d	Applicant was required to comply with the laws of Iran at the time of his military service.	For Applicant	Unspecified Foreign Preference	Admitted	—	(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference	Claimed Other
1.e	Applicant expressed a willingness to renounce his Iranian citizenship and surrendered his Iranian passport.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Credited Other
1.f	Applicant's use of dual passports is a negative factor in determining whether a conflicting allegiance exists.	For Applicant	Unspecified Foreign Preference	Admitted	—	(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant used his Iranian passport to enter and depart Iran on two occasions in May 1992 and August 1993 before he became a US citizen and received a US passport.

For Applicant

Foreign Passport Possession or Use

Admitted

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

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

Claimed

Other

1.b

Applicant used his Iranian passport for visits to Iran after becoming a US citizen.

For Applicant

Foreign Passport Possession or Use

Admitted

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

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

Claimed

Other

1.c

Applicant was conscripted into the Iranian army by the Government of Iran (GOI).

For Applicant

Foreign Military or Government Service

Admitted

(c) failure to use a U.S. passport when entering or exiting the U.S.

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

Claimed

Other

1.d

Applicant was required to comply with the laws of Iran at the time of his military service.

For Applicant

Unspecified Foreign Preference

Admitted

—

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

Claimed

Other

1.e

Applicant expressed a willingness to renounce his Iranian citizenship and surrendered his Iranian passport.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

Credited

Other

1.f

Applicant's use of dual passports is a negative factor in determining whether a conflicting allegiance exists.

For Applicant

Unspecified Foreign Preference

Admitted

—

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

Claimed

Other

¶	Allegation	Finding	Type	Response	Disqualifying (¶40)	Mitigating applied (¶41)	Mitigation
1.a–1.f	6 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶40)

Mitigating applied (¶41)

Mitigation

1.a–1.f

6 sub-charges — specific text not stated in this decision (for the applicant).

For Applicant

—

Loading case…

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision