ISCR Case 05-01775.h1

Case Headnote

ISCR Case No. 05-01775.h1

grantedJun 8, 2006· Hon. Barry M. Sax· hearing

Summary

This case concerns a 48-year-old naturalized U.S. citizen and engineer whose security clearance was initially questioned under Guideline B (Foreign Influence) and Guideline F (Financial Considerations). Concerns under Guideline B arose from the applicant's family ties, as his mother, father, and two brothers are citizens and residents of Iran. A third brother resides in Belgium, and all three brothers have expressed interest in relocating to the United States. The applicant's father-in-law, who was also an Iranian citizen and resident, passed away in 2003.

Under Guideline F, the applicant's financial history was reviewed, specifically a Chapter 7 bankruptcy petition filed on October 17, 1995, which resulted in the discharge of approximately $554,493.22 in debts on January 30, 1996. An adversary proceeding in April 1996 alleged an outstanding debt of $15,281.00 plus $150.00 in costs to a telephone company.

Ultimately, the security clearance was GRANTED. The decision noted the applicant's strong commitment to the U.S., having not returned to Iran since 1977. It was also determined that the family members in Iran were not agents of a foreign power and were not in a position to be exploited. Furthermore, the applicant's financial difficulties were resolved over ten years prior, and he demonstrated current financial stability.

Why the Applicant Prevailed

The applicant demonstrated a strong commitment to the U.S. and has not returned to Iran since 1977.
The applicant's financial difficulties were resolved over ten years ago, and he is now financially stable.
The applicant's family members in Iran are not agents of a foreign power and are not in a position to be exploited.

Conditions Referenced

Disqualifying

B.1raisedForeign Influence - Immediate Family Member Is a Citizen Of, or Resident In, a Foreign Country.
F.2raisedFinancial Considerations - Failure to Meet Financial Obligations.

Mitigating

B.1appliedForeign Influence - Immediate Family Member(s) Are Not Agents of a Foreign Power.
F.3appliedFinancial Considerations - the Individual Has Demonstrated a Clear and Established Track Record of Financial Responsibility.

Key Rule Quoted

“A security risk may exist when an individual's immediate family... are not citizens of the United States or may be subject to duress.”

Procedural Posture

SOR issuedSep 20, 2005
Answer filedNov 2, 2005
Hearing heldMar 15, 2006
Decision dateJun 8, 2006

Cite For

Mitigation of Foreign Influence Concerns Due to Family Ties Under Guideline B
Resolution of Financial Difficulties Under Guideline F
Demonstrating Commitment to U.S. National Interests Despite Foreign Connections

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
1.a	Applicant's mother, father, and two brothers are citizens and residents of Iran. Both brothers are interested in moving to the United States but have so far been unable to obtain a visa. A third brother has emigrated to Belgium, but also wishes to move to the United States.	For Applicant	Parent in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Admitted	(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	Documented Deep U.S. Ties
1.b	Applicant's father-in-law was a citizen and resident of Iran, but he died in 2003.	For Applicant	Unspecified Foreign Relationship Immediate Family	Iran HEIGHTENED RISK	Admitted	(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	Documented Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's mother, father, and two brothers are citizens and residents of Iran. Both brothers are interested in moving to the United States but have so far been unable to obtain a visa. A third brother has emigrated to Belgium, but also wishes to move to the United States.

For Applicant

Parent in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Admitted

(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

Documented

Deep U.S. Ties

1.b

Applicant's father-in-law was a citizen and resident of Iran, but he died in 2003.

For Applicant

Unspecified Foreign Relationship

Immediate Family

Iran

HEIGHTENED RISK

Admitted

(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

Documented

Deep U.S. Ties

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
2.a	Applicant petitioned for Chapter 7 Bankruptcy on October 17, 1995. His debts of approximately $554,493.22 were discharged on January 30, 1996. $554,493	For Applicant	Bankruptcy Filing	Admitted	—	—	—
2.b	Applicant was allegedly indebted to Telephone Company A in the amount of $15,281.00 plus $150.00 in costs, per an adversary appellant proceeding filed in April 1996 in U.S. Bankruptcy Court. $15,281	For Applicant	Credit Card Debt	Denied	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

2.a

Applicant petitioned for Chapter 7 Bankruptcy on October 17, 1995. His debts of approximately $554,493.22 were discharged on January 30, 1996.

$554,493

For Applicant

Bankruptcy Filing

Admitted

—

2.b

Applicant was allegedly indebted to Telephone Company A in the amount of $15,281.00 plus $150.00 in costs, per an adversary appellant proceeding filed in April 1996 in U.S. Bankruptcy Court.

$15,281

For Applicant

Credit Card Debt

Denied

—

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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