Summary
The applicant, a 53-year-old naturalized U.S. citizen and linguist for a defense contractor, sought a security clearance under Guideline B due to foreign influence concerns stemming from his family's citizenship status. The applicant's mother and one brother are Afghan citizens, while his wife is a Georgian citizen, but all reside in the U.S. The judge found that the applicant's family ties did not pose an unacceptable risk of foreign influence, leading to the granting of the security clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant's mother, a permanent U.S. resident, and a brother, whose status is "Humanitarian Parole Indefinite," are citizens of Afghanistan (1.a). His wife, a permanent U.S. resident, is a citizen of the Republic of Georgia (1.b). Applicant has an aunt living in Afghanistan (1.c). Applicant's ex-wife and son, who is a U.S. citizen, live in Germany (1.d). Applicant has a brother who is a U.S. citizen and a sister who is a naturalized U.S. citizen (1.e). Applicant owns no property in Afghanistan or anywhere outside the U.S (1.f).
The judge granted the clearance. The government raised disqualifying conditions E2.A2.1.2.1. The judge applied mitigating conditions E2.A2.1.3.1, E2.A2.1.3.3. The decision turned on the following: The applicant's immediate family members are U.S. citizens or permanent residents, mitigating foreign influence concerns; The applicant's ex-wife and son, who live in Germany, do not constitute a close relationship that would raise security concerns; The applicant's contact with foreign relatives is infrequent and casual, reducing the risk of foreign influence.
Why the Applicant Prevailed
- The applicant's immediate family members are U.S. citizens or permanent residents, mitigating foreign influence concerns.
- The applicant's ex-wife and son, who live in Germany, do not constitute a close relationship that would raise security concerns.
- The applicant's contact with foreign relatives is infrequent and casual, reducing the risk of foreign influence.
Conditions Referenced
- E2.A2.1.2.1raisedDC 1: an Immediate Family Member, or a Person to Whom the Individual Has Close Ties of Affection or Obligation, Is a Citizen Of, or Resident or Present In, a Foreign Country.
- E2.A2.1.3.1appliedMC 1: A Determination That the Immediate Family Member(s) Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power.
- E2.A2.1.3.3appliedMC 3: Contact and Correspondence with Foreign Citizens Are Casual and Infrequent.
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 issuedNov 14, 2003
- Answer filedJan 12, 2004Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decided on the written record.
- Decision dateOct 11, 2005
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Consideration of Family Ties in Security Clearance Determinations
- Impact of U.S. Residency Status on Foreign Influence Assessments