Summary
The applicant, a 35-year-old principal information systems engineer and native of Lebanon, holds dual citizenship in Lebanon and the U.S. His spouse is a Lebanese citizen, and his family members have various ties to Lebanon and Canada. The judge found that the foreign citizenship and residency of the applicant's family posed minimal risk of undue foreign influence, leading to the granting of his security clearance under Guideline B.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: The Lebanese citizenship and Canadian residency of Applicant's spouse and her parents (1.a). The Lebanese/Canadian dual citizenship of his parents, who spend half their time in Lebanon where they own property (1.b). His father's former service in the Lebanese military (1.c). The Lebanese/U.S. dual citizenship of two siblings living in the U.S (1.d). The Lebanese/Canadian dual citizenship and Canadian residency of his other siblings (1.e). Applicant's travels to Lebanon and Canada to visit family members (1.f). His contact with a cousin serving in the Lebanese Army (1.g). Applicant's declining to provide additional information about his parents and their property when he was interviewed in November 2001 (1.h).
The judge granted the clearance. The government raised disqualifying conditions E2.A2.1.2.1, E2.A2.1.2.2, E2.A2.1.2.3. The judge applied mitigating conditions E2.A2.1.3.1, E2.A2.1.3.3. The decision turned on the following: The applicant's family members are not agents of a foreign power and do not actively exercise their Lebanese citizenship; The applicant's close family members reside in Canada, a country with good relations with the U.S; The applicant demonstrated strong ties to the U.S. and a commitment to his work and community.
Why the Applicant Prevailed
- The applicant's family members are not agents of a foreign power and do not actively exercise their Lebanese citizenship.
- The applicant's close family members reside in Canada, a country with good relations with the U.S.
- The applicant demonstrated strong ties to the U.S. and a commitment to his work and community.
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 Foreign Influence or Duress Exists
- E2.A2.1.2.3raisedRelatives, Cohabitants, or Associates Who Are Connected with Any Foreign Government
- E2.A2.1.3.1appliedImmediate Family Member(s) Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power
- E2.A2.1.3.3appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent
Key Rule Quoted
“A security risk may exist when an individual's immediate family, including cohabitants, and other persons to whom he or she may be bound by affection, influence, or obligation are not citizens of the United States or may be subject to duress.”
Procedural Posture
- SOR issuedFeb 12, 2003
- Answer filedMar 3, 2003
- Hearing heldJul 16, 2003
- Decision dateDec 5, 2003
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Consideration of Family Ties in Security Clearance Determinations
- Impact of Dual Citizenship on Security Clearance Outcomes