ISCR Case 02-24566.h1

Case Headnote

ISCR Case No. 02-24566.h1

grantedDec 19, 2005· Hon. Wilford H. Ross· hearing

Summary

A 42-year-old electrical engineer, a naturalized U.S. citizen originally from Iran, sought a security clearance under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). Concerns were raised regarding her dual citizenship with Iran and her family's connections there. Specifically, the Applicant, her husband, and her daughter, all naturalized U.S. citizens, had been born in Iran. The Applicant had traveled to Iran in 1994, 2000, and 2004, using an Iranian passport for the last trip. Her mother-in-law, in frail health, resides in Iran.

To address these concerns, the Applicant and her husband renounced their Iranian citizenship in writing and testified about their issues with the current Iranian government, expressing no desire to return. They had renewed their Iranian passports in 2003 for a wedding trip, but after the hearing, they returned their defaced Iranian passports to the Iranian Interests Section. The Applicant's daughter also renounced her Iranian citizenship and has never traveled to Iran.

The judge found that the Applicant successfully mitigated the concerns. She renounced her Iranian citizenship and returned her defaced Iranian passport, demonstrating compliance with the Money Memorandum. Her family members in Iran were not deemed agents of the Iranian government and did not pose a security risk. Additionally, her financial interests in Iran were minimal compared to her substantial U.S. assets. Consequently, the security clearance was GRANTED.

Why the Applicant Prevailed

The Applicant renounced her Iranian citizenship and returned her defaced Iranian passport, demonstrating compliance with the Money Memorandum.
The Applicant's family members in Iran are not agents of the Iranian government and do not pose a security risk.
The Applicant's financial interests in Iran are minimal compared to her substantial assets in the United States.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedForeign Influence
E2.A3.1.2.1raisedForeign Preference

Mitigating

E2.A2.1.3.1appliedForeign Influence Mitigation
E2.A2.1.3.5appliedForeign Influence Mitigation
E2.A3.1.3.1appliedForeign Preference Mitigation
E2.A3.1.3.4appliedForeign Preference Mitigation

Key Rule Quoted

“"Any determination under this order...shall be a determination in terms of the national interest and shall in no sense be a determination as to the loyalty of the applicant concerned."”
— Executive Order 10865

Procedural Posture

SOR issuedFeb 22, 2005
Answer filedApr 13, 2005
Hearing heldAug 15, 2005
Decision dateDec 19, 2005

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Mitigation of Foreign Preference Issues Under Guideline C
Impact of Renouncing Foreign Citizenship 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
1.a	The Applicant's husband, as stated above, was born in Iran. He became a naturalized American citizen in 1999. (Government Exhibit 1 at Question 8.) On August 24, 2005, he sent a statement to the Iranian Interests Section at the Pakistani Embassy renouncing his Iranian citizenship. (Applicant's Exhibit D at 2.)	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Iran	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.b	The Applicant's daughter was born in Iran in 1986. She is a naturalized American citizen as evidenced by a copy of her American passport submitted by the Applicant. (Applicant's Exhibit D at 5.) The daughter has never traveled to Iran, and also submitted a statement to the Iranian Interests Section at the Pakistani Embassy renouncing her Iranian citizenship. (Applicant's Exhibit D at 4.)	For Applicant	Parent in Foreign Country Immediate Family	Iran	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.e	The Applicant's mother-in-law is 80. She is in frail health and lives in Iran.	For Applicant	In Law in Foreign Country Immediate Family	Iran	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.g	The Applicant admits traveling to Iran in 1994, 2000 and 2004. Her use of an Iranian passport for the last of these trips will be discussed under subparagraph 2.b., below.	For Applicant	Unspecified Foreign Relationship Other	Iran	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.a	The Applicant and her husband have renounced in writing their Iranian citizenship. (Applicant's Exhibit D.) At the hearing, the Applicant and her husband testified concerning their problems with the current Iranian government. They have no desire to return to Iran and are very happy to live in the United States and be American citizens. (Applicant's Exhibit A, Transcript at 19-29, 56-57.)	For Applicant	Unspecified Foreign Relationship Other	Iran	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Foreign Passport Surrendered
2.b	The Applicant and her spouse renewed their Iranian passports in 2003 in order to travel to Iran for a wedding. They were informed at the hearing of the impact of the Money Memorandum (Government Exhibit 10). After the hearing the Applicant, and her husband, returned their defaced Iranian passports to the Iranian Interests Section at the Pakistani Embassy. (Applicant's Exhibit B.)	For Applicant	Unspecified Foreign Relationship Other	Iran	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Foreign Passport Surrendered

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

The Applicant's husband, as stated above, was born in Iran. He became a naturalized American citizen in 1999. (Government Exhibit 1 at Question 8.) On August 24, 2005, he sent a statement to the Iranian Interests Section at the Pakistani Embassy renouncing his Iranian citizenship. (Applicant's Exhibit D at 2.)

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Iran

Admitted

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

—

1.b

The Applicant's daughter was born in Iran in 1986. She is a naturalized American citizen as evidenced by a copy of her American passport submitted by the Applicant. (Applicant's Exhibit D at 5.) The daughter has never traveled to Iran, and also submitted a statement to the Iranian Interests Section at the Pakistani Embassy renouncing her Iranian citizenship. (Applicant's Exhibit D at 4.)

For Applicant

Parent in Foreign Country

Immediate Family

Iran

Admitted

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

—

1.e

The Applicant's mother-in-law is 80. She is in frail health and lives in Iran.

For Applicant

In Law in Foreign Country

Immediate Family

Iran

Admitted

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

—

1.g

The Applicant admits traveling to Iran in 1994, 2000 and 2004. Her use of an Iranian passport for the last of these trips will be discussed under subparagraph 2.b., below.

For Applicant

Unspecified Foreign Relationship

Other

Iran

Admitted

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

—

2.a

The Applicant and her husband have renounced in writing their Iranian citizenship. (Applicant's Exhibit D.) At the hearing, the Applicant and her husband testified concerning their problems with the current Iranian government. They have no desire to return to Iran and are very happy to live in the United States and be American citizens. (Applicant's Exhibit A, Transcript at 19-29, 56-57.)

For Applicant

Unspecified Foreign Relationship

Other

Iran

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Credited

Foreign Passport Surrendered

2.b

The Applicant and her spouse renewed their Iranian passports in 2003 in order to travel to Iran for a wedding. They were informed at the hearing of the impact of the Money Memorandum (Government Exhibit 10). After the hearing the Applicant, and her husband, returned their defaced Iranian passports to the Iranian Interests Section at the Pakistani Embassy. (Applicant's Exhibit B.)

For Applicant

Unspecified Foreign Relationship

Other

Iran

Admitted

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Credited

Foreign Passport Surrendered

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	You exercise dual citizenship with both Iran and the United States.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	(a) applying for and/or acquiring citizenship in any other country	(g) civil employment or military service was authorized under U.S. law or otherwise consented to as required by U.S. law	—
2.b	You and your husband have active Iranian passports as of August 15, 2005.	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	(g) civil employment or military service was authorized under U.S. law or otherwise consented to as required by U.S. law	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

You exercise dual citizenship with both Iran and the United States.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

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

(g) civil employment or military service was authorized under U.S. law or otherwise consented to as required by U.S. law

—

2.b

You and your husband have active Iranian passports as of August 15, 2005.

For Applicant

Foreign Passport Possession or Use

Admitted

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

(g) civil employment or military service was authorized under U.S. law or otherwise consented to as required by U.S. law

—

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES