Summary
A 38-year-old naturalized U.S. citizen, originally from Iraq, was granted a security clearance despite initial concerns under Guideline B (Foreign Influence). Disqualifying conditions were raised due to the applicant having two brothers and his wife's family remaining in Iraq.
However, mitigating conditions were applied, as the applicant demonstrated strong ties and commitment to U.S. interests. He had previously worked as a translator for U.S. operations in Iraq, which highlighted his dedication. Further supporting his case, the applicant maintained limited contact with his family in Iraq and was unable to attend their funerals due to security assignments.
Positive character assessments from colleagues also affirmed his credibility and reliability. The judge ultimately determined that the applicant's assurances and demonstrated commitment to U.S. security outweighed potential foreign influence concerns, leading to the granting of his security clearance.
Why the Applicant Prevailed
- The applicant demonstrated strong ties to the U.S. and a commitment to U.S. interests through his work as a translator in Iraq.
- He had limited contact with his family in Iraq and did not attend their funerals due to security assignments.
- Positive character assessments from colleagues supported his credibility and reliability.
Conditions Referenced
- E2.A2.1.2.1raisedAn 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.A2.1.2.6raisedConduct Which May Make the Individual Vulnerable to Coercion, Exploitation, or Pressure by a Foreign Government.
- E2.A2.1.3.1rejectedA Determination That the Immediate Family Member(s) Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power.The applicant's immediate family ties in Iraq were not casual and infrequent.
- E2.A2.1.3.3rejectedContact and Correspondence with Foreign Citizens Are Casual and Infrequent.The applicant's ties to family in Iraq were significant and not infrequent.
Key Rule Quoted
“The objective of the security-clearance process is the fair-minded, commonsense assessment of a person's trustworthiness and fitness for access to classified information.”
Procedural Posture
- SOR issuedApr 12, 2005
- Answer filedMay 6, 2005
- Hearing heldAug 16, 2005in a city near where Applicant lives and works
- Decision dateSep 23, 2005
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Importance of Positive Character Assessments in Security Clearance Decisions
- Consideration of the Whole Person Concept in Adjudicating Security Clearance Cases