Summary
A 48-year-old naturalized U.S. citizen, originally from Syria, was granted a security clearance despite concerns under Guideline B (Foreign Influence). The Statement of Reasons cited that his father and siblings are Syrian citizens residing in Syria, though his father, a Syrian citizen with a U.S. "green card," primarily resides in the U.S. It was also noted that none of the Applicant's immediate family members are associated with the Syrian government or any intelligence services or organizations.
The judge determined that the citizenship and residency status of these family members did not constitute a security risk, as they are not agents of a foreign government and are not in positions to be exploited. Disqualifying condition E2.A2.1.2.1 was raised, but mitigating conditions E2.A2.1.3.1, E2.A2.1.3.5, and E2.A2.1.3.3 were applied.
The clearance was granted because there was no evidence of coercion or influence from the Applicant's family, and no effort by the Syrian government to intimidate them to influence his actions. The Applicant also demonstrated substantial ties to the U.S., including a U.S. citizen wife and children, and ownership of property in the U.S.
Why the Applicant Prevailed
- The Applicant's immediate family members are not agents of a foreign power and are not in positions to be exploited by a foreign government.
- There has been no effort by the Syrian government to intimidate the Applicant's family to influence his actions.
- The Applicant has substantial ties to the U.S., including a U.S. citizen wife and children, and ownership of property in the U.S.
Conditions Referenced
- E2.A2.1.2.1raisedForeign Influence Disqualifying ConditionAn 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.A2.1.3.1appliedForeign Influence Mitigating ConditionThe immediate family members are not agents of a foreign power or in a position to be exploited by a foreign power.
- E2.A2.1.3.5appliedForeign Influence Mitigating ConditionForeign financial interests are minimal and not sufficient to affect the individual's security responsibilities.
- E2.A2.1.3.3appliedForeign Influence Mitigating ConditionContact and correspondence with foreign citizens are casual and infrequent.
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 issuedApr 15, 2005
- Answer filedApr 25, 2005
- Hearing heldNov 15, 2005
- Decision dateFeb 15, 2006
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Evaluation of Family Ties in Security Clearance Cases
- Consideration of the Applicant's Ties to the U.S. in Mitigating Foreign Influence Risks