Summary
This case concerns a 57-year-old Iranian-born naturalized American applicant for a security clearance, whose wife is a permanent resident from Iran. The Statement of Reasons (SOR) raised concerns under Guideline B (Foreign Influence), specifically alleging that an immediate family member or a person with close ties of affection or obligation is a citizen of or resides in a foreign country. The SOR also noted that the applicant's wife is a citizen of and resides in a foreign country, and that the applicant has close ties of affection or obligation to family members who are citizens of or residents in a foreign country. These allegations invoked Disqualifying Conditions E2.A2.1.2.1 and E2.A2.1.2.2.
However, the judge found that these concerns were mitigated. Mitigating Conditions E2.A2.1.3.1, E2.A2.1.3.3, and E2.A2.1.3.5 were applied. The judge determined that the applicant's family members in Iran are not agents of a foreign power and are not in a position to be exploited.
Furthermore, the applicant's contact with his mother was deemed infrequent and not a security risk. The applicant also has no financial interests in Iran, with all his holdings located in the U.S. Due to the lack of close ties with family members and the absence of any foreign influence or coercion, the security clearance was GRANTED.
Why the Applicant Prevailed
- The applicant's family members in Iran are not agents of a foreign power and are not in a position to be exploited.
- The applicant's contact with his mother is infrequent and does not pose a security risk.
- The applicant has no financial interests in Iran, and his entire holdings are in the U.S.
Conditions Referenced
- E2.A2.1.2.1raisedImmediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country
- E2.A2.1.2.2raisedSharing Living Quarters with a Person or Persons, Regardless of Their Citizenship Status, If the Potential for Adverse Influence or Duress Exists
- E2.A2.1.3.1appliedImmediate Family Members Are Not Agents of a Foreign Power in a Position to Be Exploited
- E2.A2.1.3.3appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent
- E2.A2.1.3.5appliedForeign Financial Interests Are Minimal and Not Sufficient to Affect the Individual's Security Responsibilities
Key Rule Quoted
“The mere possession of family ties with a person in a foreign country is not, as a matter of law, disqualifying under Guideline B.”
Procedural Posture
- SOR issuedJan 28, 2003
- Answer filedFeb 18, 2003
- Hearing heldMar 26, 2003
- Decision dateApr 25, 2003
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Evaluation of Family Ties in Security Clearance Cases
- Impact of Infrequent Contact on Security Risk Assessments