Summary
The applicant, a 37-year-old naturalized U.S. citizen originally from Afghanistan, sought a security clearance under concerns related to foreign influence, financial considerations, and personal conduct. While he successfully mitigated financial and personal conduct issues, the presence of immediate family members living in Afghanistan created unacceptable foreign influence risks, leading to the denial of his clearance.
Under Guideline B (Foreign Influence), Guideline E (Personal Conduct), and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant's father and sister are U.S. citizens living in Afghanistan (2.a). Applicant has a cousin who is an Afghan citizen living in Kazakhstan and working for the Afghan government (2.b). Applicant has a cousin who is a German citizen living in Germany (2.c). Applicant's in-laws live in Afghanistan (2.d). Applicant's mother is an Afghan citizen living in the U.S (2.e). Applicant traveled to Pakistan for business (2.f). Applicant has frequent contact with his cousin in Germany (2.h). Applicant had a medical bill (SOR 1.a $991), which he has since paid (1.a). In March 2000, a large telephone bill (SOR 1.b $2,700) was turned over to a collection agency. Applicant disputes the amount owed (1.b). Applicant had two accounts with a bank (SOR 1.c $2,679) which he has paid (1.c). In late 1998 or early 1999, Applicant entered into a three-year car lease. Following repossession, the car was sold leaving a delinquency of $7,964 (SOR 1.d). Applicant disputes owing any obligation following the voluntary repossession (1.d).
The judge denied the clearance. The government raised disqualifying conditions E2.A2.1.2.1, E2.A2.1.2.3. The judge applied mitigating conditions E2.A2.1.3.1.1, E2.A6.1.2.6, E2.A6.1.2.3. The decision turned on the following: The applicant's father and sister are U.S. citizens residing in Afghanistan, which poses a foreign influence risk; The applicant has a cousin working for the Afghan government, further complicating his foreign influence concerns; The evidence presented was insufficient to mitigate the security implications of his family ties in Afghanistan.
Why the Applicant Was Denied
- The applicant's father and sister are U.S. citizens residing in Afghanistan, which poses a foreign influence risk.
- The applicant has a cousin working for the Afghan government, further complicating his foreign influence concerns.
- The evidence presented was insufficient to mitigate the security implications of his family ties in Afghanistan.
Conditions Referenced
- E2.A2.1.2.1appliedForeign Influence - Immediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country
- E2.A2.1.2.3appliedForeign Influence - Relatives Connected with Any Foreign Government
- E2.A2.1.3.1.1rejectedForeign Influence - Immediate Family Members Are Not Agents of a Foreign PowerThe applicant's mother is a U.S. citizen living in the U.S. and does not pose a security risk.
- E2.A6.1.2.6appliedFinancial Considerations - Good-faith Effort to Repay Overdue Creditors
- E2.A6.1.2.3rejectedFinancial Considerations - Inability or Unwillingness to Satisfy DebtsThe applicant disputed the debts and had made payments on some.
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 issuedJan 19, 2005
- Answer filedFeb 10, 2005
- Hearing heldJun 28, 2005
- Decision dateDec 14, 2005
Cite For
- Foreign Influence Concerns Related to Family Members Residing Abroad
- Mitigation of Financial Issues in Security Clearance Cases
- Personal Conduct Implications in Security Clearance Applications