Summary
A 50-year-old naturalized U.S. citizen, originally from Iran, was denied a security clearance under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The denial stemmed from the applicant's two sisters residing in Iran and the applicant's possession of an expired Iranian passport after becoming a U.S. citizen.
The Statement of Reasons cited the applicant's sisters as Iranian citizens and residents with whom the applicant maintained regular telephone contact. It also noted that the applicant applied for and received an Iranian passport after naturalization, possessed it, and had not surrendered it as required by the Money memorandum.
Despite the applicant presenting credible evidence of loyalty to the U.S. and no intention to return to Iran, the judge determined that the sisters' residency in a country hostile to the U.S. posed an unacceptable security risk. Furthermore, the destruction of the expired Iranian passport did not meet the legal requirements for surrender, leading to the denial of the security clearance.
Why the Applicant Was Denied
- Applicant's sisters are citizens and residents of Iran, a country hostile to the U.S.
- The applicant failed to demonstrate that his family ties do not pose an unacceptable security risk.
- The destruction of the expired Iranian passport did not constitute a legal surrender as required by the Money memorandum.
Conditions Referenced
- E2.A2.1.2.1appliedAn Immediate Family Member Is a Citizen or Resident of a Foreign Country.
- E2.A3.1.2.1appliedThe Exercise of Dual Citizenship.
- E2.A3.1.2.2appliedPossession And/or Use of a Foreign Passport.
- E2.A2.1.3.1rejectedA 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.The applicant's close relationship with his sisters and the nature of the Iranian government raised concerns.
- E2.A3.1.3.1appliedDual Citizenship Is Based Solely on Birth in a Foreign Country.
- E2.A3.1.3.4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship.
Key Rule Quoted
“Surrender contemplates returning it to the issuing authority, and merely keeping a foreign passport until it expires does not satisfy this requirement in the [Money] memo.”
Procedural Posture
- SOR issuedFeb 24, 2004
- Answer filedMar 4, 2004
- Hearing heldAug 3, 2004
- Decision dateAug 24, 2004
Cite For
- Security Risks Associated with Family Ties in Hostile Countries Under Guideline B
- Requirements for Surrendering a Foreign Passport Under Guideline C
- Consideration of Dual Citizenship and Its Implications for Security Clearance