ISCR Case 04-09541.h1

Case Headnote

ISCR Case No. 04-09541.h1

grantedJan 27, 2005· Hon. Darlene Lokey Anderson· hearing

Summary

A 52-year-old U.S. citizen, employed as a Senior Engineer for a defense contractor, sought a security clearance. The case raised concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference) due to his previous dual citizenship with Iran and family residing there.

Specifically, the Applicant was alleged to be a dual citizen of Iran and the United States, possessing and using an Iranian passport for travel. He also had a sister, three brothers, a step-sister, and a step-brother who are citizens and residents of Iran. One brother, an engineering consultant, has a U.S. permanent residence card and travels between Iran and the U.S. The other siblings own businesses or are housewives. The Applicant contacted his siblings in Iran approximately once every four or five months.

The Administrative Judge granted the security clearance. The Applicant renounced his Iranian citizenship and surrendered his Iranian passport, demonstrating a clear preference for the United States. His contacts with family members in Iran were infrequent and deemed not to pose a security risk, especially as his family members are not affiliated with the Iranian government and are in the process of immigrating to the U.S.

Why the Applicant Prevailed

The Applicant renounced his Iranian citizenship and surrendered his Iranian passport, demonstrating a clear preference for the United States.
His contacts with family members in Iran are infrequent and do not pose a security risk.
The Applicant's family members in Iran are not affiliated with the Iranian government and are in the process of immigrating to the U.S.

Conditions Referenced

Disqualifying

C1raisedThe Exercise of Dual Citizenship
C2raisedPossession And/or Use of a Foreign Passport

Mitigating

C1appliedDual Citizenship Is Based Solely on Parent's Citizenship or Birth in a Foreign Country
C4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship
B1raisedAn Immediate Family Member, or Person to Whom the Individual Has Close Ties of Affection or Obligation, Is a Citizen Of, or Resident or Present In, a Foreign Country
B3appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent

Key Rule Quoted

“The adjudicative process is the careful weighing of a number of variables known as the whole person concept.”

Procedural Posture

SOR issuedJul 25, 2005
Answer filedAug 19, 2005
Hearing heldNov 28, 2005
Decision dateJan 27, 2005

Cite For

Mitigation of Foreign Preference Due to Renunciation of Citizenship and Surrender of Passport
Limited Foreign Contacts Do Not Pose a Security Risk
Family Members' Immigration Status Can Mitigate Foreign Influence Concerns

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
2.a	The Applicant has a sister, three brothers, a step-sister and a step-brother who are citizens of and reside in Iran.	For Applicant	Sibling in Foreign Country Immediate Family	Iran	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	Claimed Contact Disclosed to Authorities
2.b	One of his brothers does engineering consulting work. He has had a permanent residence card in the United States since 2000 and travels back and forth between Iran and the United States.	For Applicant	Sibling in Foreign Country Immediate Family	Iran	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	Claimed Contact Disclosed to Authorities
2.c	Another brother owns a clothing store. The third brother owns a car rental business. His sister is a housewife. His step-sister is a housewife and his step-brother is a car dealer.	For Applicant	Sibling in Foreign Country Immediate Family	Iran	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	Claimed Contact Disclosed to Authorities
2.d	The Applicant may contact his siblings in Iran once every four or five months.	For Applicant	Sibling in Foreign Country Immediate Family	Iran	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	Claimed Contact Disclosed to Authorities

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

The Applicant has a sister, three brothers, a step-sister and a step-brother who are citizens of and reside in Iran.

For Applicant

Sibling in Foreign Country

Immediate Family

Iran

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Contact Disclosed to Authorities

2.b

One of his brothers does engineering consulting work. He has had a permanent residence card in the United States since 2000 and travels back and forth between Iran and the United States.

For Applicant

Sibling in Foreign Country

Immediate Family

Iran

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Contact Disclosed to Authorities

2.c

Another brother owns a clothing store. The third brother owns a car rental business. His sister is a housewife. His step-sister is a housewife and his step-brother is a car dealer.

For Applicant

Sibling in Foreign Country

Immediate Family

Iran

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Contact Disclosed to Authorities

2.d

The Applicant may contact his siblings in Iran once every four or five months.

For Applicant

Sibling in Foreign Country

Immediate Family

Iran

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Contact Disclosed to Authorities

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The Applicant is a dual citizen of Iran and the United States.	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	(a) the foreign citizenship is not in conflict with U.S. national security interests (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Claimed Other
1.b	The Applicant possessed an Iranian passport and used it to enter and exit Iran.	For Applicant	Foreign Passport Possession or Use	Admitted	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	(a) the foreign citizenship is not in conflict with U.S. national security interests (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The Applicant is a dual citizen of Iran and the United States.

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

(a) applying for and/or acquiring citizenship in any other country

(a) the foreign citizenship is not in conflict with U.S. national security interests

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

Claimed

Other

1.b

The Applicant possessed an Iranian passport and used it to enter and exit Iran.

For Applicant

Foreign Passport Possession or Use

Admitted

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(a) the foreign citizenship is not in conflict with U.S. national security interests

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

Claimed

Other

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES