ISCR Case 02-01340.h1

Case Headnote

ISCR Case No. 02-01340.h1

deniedNov 26, 2002· Hon. Roger C. Wesley· hearing

Summary

A 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 mother, brother, half-brother, and three sisters are Iranian citizens residing in Iran. He has sent financial support to his mother in Iran since approximately 1982, attempting to use third parties for these transactions. Additionally, his mother-in-law and father-in-law are Mexican citizens residing in Mexico.

The applicant previously held an Iranian passport, issued in July 1999, after becoming a naturalized U.S. citizen in July 1996 and obtaining a U.S. passport in August 1998. He used his Iranian passport for travel to and from Iran in May-July 2000 and at least May 2001. Although he surrendered the Iranian passport, which was not set to expire until July 2004, he had expressed an intention to renew it.

The denial was based on the finding that the applicant's immediate family in Iran created a potential vulnerability to coercion. His past possession and use of an Iranian passport indicated foreign preference, and his financial support to his mother in Iran raised further foreign influence concerns.

Why the Applicant Was Denied

The applicant's immediate family members reside in Iran, creating potential vulnerability to coercion or pressure.
The applicant previously possessed and used an Iranian passport, indicating foreign preference despite his naturalization as a U.S. citizen.
The applicant's financial support to his mother in Iran raises concerns about foreign influence.

Conditions Referenced

Disqualifying

DC 1raisedExercise of Dual Citizenship
DC 2raisedPossession And/or Use of a Foreign Passport
DC 6raisedConduct Which May Make the Individual Vulnerable to Coercion, Exploitation, or Pressure by a Foreign Government

Mitigating

MC 1rejectedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign CountryThe applicant's ties to family in Iran were deemed significant enough to pose a risk.
MC 4appliedPromptly Reported Contacts with Foreign Representatives

Key Rule Quoted

“A security risk may exist when an individual's immediate family... are not citizens of the United States or may be subject to duress.”

Procedural Posture

SOR issuedMay 23, 2002
Answer filedJun 25, 2002
Hearing heldSep 12, 2002
Decision dateNov 26, 2002

Cite For

Foreign Influence Concerns Due to Family Ties Under Guideline B
Foreign Preference Issues Related to Possession of a Foreign Passport Under Guideline C
The Impact of Financial Support to Family Members Abroad on Security Clearance Eligibility.

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 has a mother residing in Iran to whom he sends financial support (since about 1982) and tries to use third parties to make the financial exchange in lieu of using the Iran's banking system.	Against Applicant	Financial Support to Foreign Relative Immediate Family	Iran HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (c) failure to report or disclose association with a foreign person/group/government	—	—
2.b	The applicant has a brother, half-brother, and three sisters who are Iranian citizens residing in Iran.	Against Applicant	Sibling in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.c	The applicant has a mother-in-law and father-in-law who are Mexican citizens residing in Mexico.	Against Applicant	In Law in Foreign Country Extended Family	Mexico	Denied	—	—	—
2.d	specific text not stated in this decision	For Applicant	Unspecified Foreign Relationship Other	—	Unknown	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

The applicant has a mother residing in Iran to whom he sends financial support (since about 1982) and tries to use third parties to make the financial exchange in lieu of using the Iran's banking system.

Against Applicant

Financial Support to Foreign Relative

Immediate Family

Iran

HEIGHTENED RISK

Admitted

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

(c) failure to report or disclose association with a foreign person/group/government

—

2.b

The applicant has a brother, half-brother, and three sisters who are Iranian citizens residing in Iran.

Against Applicant

Sibling in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Denied

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

—

2.c

The applicant has a mother-in-law and father-in-law who are Mexican citizens residing in Mexico.

Against Applicant

In Law in Foreign Country

Extended Family

Mexico

Denied

—

2.d

specific text not stated in this decision

For Applicant

Unspecified Foreign Relationship

Other

—

Unknown

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The exercise of dual citizenship with Iran and the US.	Against Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
1.b	Possession of an Iranian passport as of October 2001, issued in July 1999 and not scheduled to expire until July 2004.	Against Applicant	Foreign Passport Possession or Use	Admitted	(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.	—	—
1.c	Applied for an Iranian passport in July 1999 after becoming a naturalized US citizen (in July 1996) and possessing a US passport (issued in August 1998).	Against Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
1.d	Used his Iranian passport to enter and exit Iran in May 2000 through July 2000, and in at least May 2001.	Against Applicant	Foreign Passport Possession or Use	Admitted	(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.	—	—
1.e	Expressed an intention to renew his Iranian passport after it expires in July 2004.	Against Applicant	Failure to Renounce or Surrender Foreign Status	Denied	(c) failure to use a U.S. passport when entering or exiting the U.S.	—	—
1.f–1.g	2 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The exercise of dual citizenship with Iran and the US.

Against Applicant

Foreign Citizenship Acquisition or Application

Admitted

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

—

1.b

Possession of an Iranian passport as of October 2001, issued in July 1999 and not scheduled to expire until July 2004.

Against Applicant

Foreign Passport Possession or Use

Admitted

(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.

—

1.c

Applied for an Iranian passport in July 1999 after becoming a naturalized US citizen (in July 1996) and possessing a US passport (issued in August 1998).

Against Applicant

Foreign Citizenship Acquisition or Application

Admitted

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

—

1.d

Used his Iranian passport to enter and exit Iran in May 2000 through July 2000, and in at least May 2001.

Against Applicant

Foreign Passport Possession or Use

Admitted

(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.

—

1.e

Expressed an intention to renew his Iranian passport after it expires in July 2004.

Against Applicant

Failure to Renounce or Surrender Foreign Status

Denied

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

—

1.f–1.g

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

For Applicant

—

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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

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES