Summary
The applicant, a 45-year-old Iranian-born naturalized U.S. citizen, faced security concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference) due to family ties in Iran. The judge found that the applicant's connections did not pose a security risk, as he had renounced his Iranian citizenship, had no financial ties to Iran, and would not cooperate with Iranian authorities under duress. Consequently, the applicant was granted a security clearance.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: The applicant has a mother who is a permanent resident and citizen of Iran (2.a). The applicant has two siblings who are citizens and residents of Iran (2.b). The applicant has a brother who is a citizen of Iran and has been granted political asylum in France (2.c). The applicant has maintained an Iranian passport that has expired and will not be renewed (2.d). The applicant voted in an Iranian election (2.e). Applicant voted in one Iranian election to try to elect a moderate president in Iran (1.a). Applicant's Iranian passport has been allowed to expire and will not be renewed (1.b). Applicant became a naturalized U.S. citizen and renounced his Iranian citizenship in January 1991 (1.c). Applicant declared to the Iranian authorities that he was formally renouncing his Iranian citizenship and requested the process be commenced and expedited (1.d).
The judge granted the clearance. The government raised disqualifying conditions E2.A2.1.2.1, E2.A2.1.2.2. The judge applied mitigating conditions E2.A2.1.3.1. The decision turned on the following: The applicant renounced his Iranian citizenship and has no intention of renewing his expired Iranian passport; He has no financial interests or ties to Iran and does not send money to family there; The applicant demonstrated a commitment to U.S. interests, stating he would not cooperate with Iranian authorities even under threat.
Why the Applicant Prevailed
- The applicant renounced his Iranian citizenship and has no intention of renewing his expired Iranian passport.
- He has no financial interests or ties to Iran and does not send money to family there.
- The applicant demonstrated a commitment to U.S. interests, stating he would not cooperate with Iranian authorities even under threat.
Conditions Referenced
- E2.A2.1.2.1raisedForeign Influence Disqualifying Condition
- E2.A2.1.2.2raisedForeign Influence Disqualifying Condition
- E2.A2.1.3.1appliedForeign Influence Mitigating ConditionThe applicant's siblings are not agents of a foreign power and are not in a position to exploit him.
Key Rule Quoted
“The mere possession of family ties with a person in a foreign country is not, as a matter of law, disqualifying under Guideline B.”
Procedural Posture
- SOR issuedDec 4, 2003
- Answer filedJan 12, 2004
- Hearing heldApr 22, 2004
- Decision dateJun 10, 2004
Cite For
- Mitigation of Foreign Influence Concerns Due to Family Ties
- Renunciation of Foreign Citizenship as a Factor in Security Clearance Decisions
- Consideration of Emotional Ties Versus Financial or Operational Ties in Foreign Influence Cases.