Summary
A 44-year-old naturalized U.S. citizen, originally from Iran, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant had close family ties to Iran, including parents and siblings who are citizens and residents there. His parents are retired and in poor health, and he maintained contact with his siblings. His wife is also a native of Iran and a lawful U.S. resident alien.
The Statement of Reasons noted that the applicant held dual citizenship with Iran and the U.S., had possessed and used an Iranian passport after naturalization, and had not renounced his Iranian citizenship. These factors raised concerns that his family members in Iran could be exploited by Iranian intelligence or security services, potentially forcing him to choose between family loyalty and U.S. interests.
While the applicant successfully mitigated the foreign preference concern by demonstrating a clear preference for the U.S. and surrendering his Iranian passport, the judge ultimately found that the potential for foreign influence from his family in Iran, a country hostile to the U.S., could compromise national security. Therefore, the security clearance was denied.
Why the Applicant Prevailed
- Applicant successfully mitigated the foreign preference concern by demonstrating a clear preference for the U.S.
- He surrendered his Iranian passport, complying with the Money Memorandum requirements.
Conditions Referenced
- E2.A2.1.2.1raisedAn 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.A3.1.2.1raisedThe Exercise of Dual Citizenship.
- E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport.
- E2.A3.1.3.1appliedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign Country.
- E2.A3.1.3.4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship.
- E2.A2.1.3.5appliedForeign Financial Interests Are Minimal and Not Sufficient to Affect the Individual's Security Responsibilities.
Key Rule Quoted
“"The clearly-consistent standard indicates that security clearance determinations should err, if they must, on the side of denials."”
Procedural Posture
- SOR issuedMay 25, 2004
- Answer filedJun 14, 2004
- Hearing heldOct 21, 2004
- Decision dateMay 23, 2005
Cite For
- Mitigation of Foreign Preference Concerns Under Guideline C
- Security Concerns Arising From Close Family Ties to a Hostile Country Under Guideline B
- Application of the Clearly-consistent Standard in Security Clearance Determinations