Summary
A 44-year-old naturalized U.S. citizen and linguist, originally from Afghanistan, was denied a security clearance under Guideline B (Foreign Influence). The denial stemmed from concerns related to multiple immediate family members, including his mother-in-law, who are citizens of Afghanistan and reside in foreign countries. Additionally, his U.S. citizen brother-in-law resides in Afghanistan.
The applicant's regular contact with these foreign-resident relatives, along with two trips to Pakistan and volunteer work for a humanitarian organization assisting Afghani citizens, were noted in the Statement of Reasons. Disqualifying conditions related to foreign influence were raised, while mitigating conditions concerning infrequent contact and the nature of the foreign government were considered.
Ultimately, the judge determined that the applicant did not provide sufficient evidence to mitigate the foreign influence concerns, specifically regarding the potential vulnerability of his family members to coercion. The applicant's responses during security screening also indicated a potential susceptibility to pressure concerning his family, leading to the denial of the security clearance.
Why the applicant was denied
- The applicant has several immediate family members who are citizens of Afghanistan and reside in foreign countries, raising security concerns under Guideline B.
- The applicant did not provide sufficient evidence to mitigate the foreign influence concerns, particularly regarding the vulnerability of his family members to coercion.
- The applicant's responses to security screening questions indicated a potential vulnerability to pressure regarding his family.
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.A2.1.3.3appliedMC 3: Contact and Correspondence with Foreign Citizens Are Casual and Infrequent.
- E2.A2.1.3.1rejectedMC 1: the Immediate Family Members Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power.The applicant did not provide sufficient evidence to demonstrate that his family members are not in a position to be exploited.
Key rule quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural posture
- SOR issuedMar 22, 2004
- Answer filedApr 8, 2004
- Hearing held—Applicant elected to have the case decided on the written record.
- Decision dateJan 31, 2005
Cite for
- Foreign Influence Concerns Under Guideline B Due to Family Ties Abroad
- The Burden of Proof on the Applicant to Mitigate Disqualifying Conditions
- The Significance of Infrequent Contact with Foreign Relatives in Security Clearance Determinations