Summary
A 37-year-old naturalized U.S. citizen and software firm president was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited her renewal of an Iranian passport after naturalization, an act considered an exercise of dual citizenship and foreign preference. Additionally, her father resides in Iran, where he holds property and was a judge over 20 years ago. Her mother worked for the Iranian defense ministry more than 20 years ago but has not traveled to Iran since 1981.
However, several mitigating factors were considered. The applicant has lived in the U.S. since 1981 and has never returned to Iran. She has minimal current contact with her father, who has not been pressured by the Iranian government regarding her behavior. Crucially, she never used her Iranian passport after becoming a U.S. citizen, renewing it primarily for a business trip based on advice from U.S. officials.
The applicant also expressed a willingness to renounce her Iranian citizenship. The judge found that these mitigating circumstances, including the lack of passport use and minimal contact with her father, sufficiently addressed the security concerns, leading to the decision to grant her security clearance.
Why the Applicant Prevailed
- The applicant never used her Iranian passport after becoming a U.S. citizen.
- She renewed the passport primarily for a business trip, following advice from U.S. officials.
- Her relationship with her father was minimal, reducing potential foreign influence.
Conditions Referenced
- E2.A3.1.2.1raisedThe Exercise of Dual Citizenship
- E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport
- E2.A2.1.2.1raisedAn Immediate Family Member Is a Citizen of a Foreign Country
- E2.A3.1.3.3appliedActivity Is Sanctioned by the United States
- E2.A3.1.3.4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship
- E2.A2.1.3.1appliedImmediate Family Members Are Not Agents of a Foreign Power
Key Rule Quoted
“The government has a compelling interest in ensuring those entrusted with this Nation's secrets will make decisions free of concerns for the foreign country of which they may also be a citizen.”
Procedural Posture
- SOR issuedApr 16, 2002
- Answer filedMay 17, 2002
- Hearing heldDec 11, 2002Originally scheduled for October 29, 2002, but continued due to applicant's surgery.
- Decision dateJan 17, 2003
Cite For
- Mitigation of Foreign Preference Due to Lack of Passport Use
- Minimal Foreign Influence From Family Ties
- Willingness to Renounce Dual Citizenship as a Mitigating Factor