Summary
A 48-year-old U.S. citizen and senior design engineer was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant held dual citizenship with Iran and used an Iranian passport to enter and exit Iran in 1997 and 1999, after becoming a U.S. citizen. He also stated he did not want to relinquish his Iranian passport.
Further concerns arose from his familial ties, as his half-siblings are citizens and residents of Iran, with whom he maintains telephone contact. While his father is an Iranian citizen living in the U.S., the applicant's immediate family members residing in Iran were a primary factor in the decision.
Although the applicant mitigated the foreign preference concerns, he failed to alleviate the foreign influence concerns stemming from his immediate family members in Iran. The totality of these ties raised significant questions about his loyalty to the U.S., leading to the denial of his security clearance.
Why the applicant was denied
- The applicant failed to mitigate foreign influence concerns due to familial ties to Iranian citizens.
- The applicant's immediate family members include individuals who are citizens or residents of Iran, creating potential security risks.
- The totality of the applicant's ties to foreign associates raised significant concerns about his loyalty to the U.S.
Conditions referenced
- E2.A2.1.2.1raisedForeign Influence - Immediate Family Members Are Citizens or Residents of a Foreign Country.
- E2.A3.1.2.1raisedForeign Preference - Dual Citizenship Exercised with Iran.
- E2.A3.1.2.2raisedForeign Preference - Obtained and Used an Iranian Passport After Becoming a U.S. Citizen.
- E2.A2.1.3.1rejectedForeign Influence - Foreign Associates Are Not Agents of a Foreign Power.While the applicant's foreign associates are not agents of a foreign power, he could not demonstrate they are not in a position of vulnerability.
- E2.A3.1.2.3rejectedForeign Preference - the Applicant's Use of a Foreign Passport Was Necessary to Visit Family.The necessity of using the Iranian passport did not mitigate the foreign preference concerns.
Key rule quoted
“"The decision to deny an individual a security clearance is not a judgment of an applicant's loyalty to the U.S. It is merely a determination the applicant has not met the strict guidelines set out by the President and the Secretary of Defense."”
Procedural posture
- SOR issuedOct 27, 2004
- Answer filedNov 8, 2004
- Hearing heldJan 26, 2005
- Decision dateFeb 15, 2005
Cite for
- Mitigation of Foreign Preference Concerns Under Guideline C
- Disqualifying Conditions Related to Foreign Influence Under Guideline B
- Impact of Familial Ties to Foreign Citizens on Security Clearance Eligibility