Summary
A 51-year-old naturalized U.S. citizen, born in Iran, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited that the applicant's mother, father, two sisters, mother-in-law, and father-in-law are all citizens and residents of Iran. Additionally, his brother is an Iranian citizen, though he holds a U.S. green card and intends to naturalize. The applicant's spouse is a citizen of both the United States and Iran.
Further disqualifying conditions included the applicant's exercise of dual citizenship with Iran and the U.S., and his current possession of an Iranian passport. While the applicant claimed loyalty to the U.S. and noted his family's non-governmental status, these factors were not sufficient to mitigate the security concerns.
The denial was based on the presence of immediate family members in Iran, which created a potential for foreign influence, and the applicant's retention of an Iranian passport and exercise of dual citizenship, indicating foreign preference. The judge concluded that the applicant did not overcome the burden of proof to mitigate these concerns, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant has immediate family members who are citizens and residents of Iran, creating potential for foreign influence.
- The applicant retains an Iranian passport and has exercised dual citizenship, indicating foreign preference.
- The applicant's frequent contact with family in Iran raises concerns about vulnerability to coercion.
Conditions Referenced
- B.1raisedForeign Influence - Immediate Family Members Are Citizens of a Foreign Country.
- C.1raisedForeign Preference - Exercise of Dual Citizenship.
- C.2raisedForeign Preference - Possession And/or Use of a Foreign Passport.
- B.1rejectedForeign Influence - Family Members Are Not Agents of a Foreign Power.The applicant did not prove that his family members are not vulnerable to coercion due to the nature of Iran's government.
- C.1rejectedForeign Preference - Dual Citizenship Is Not Exercised in a Way That Indicates Preference for a Foreign Country.The applicant's retention of an Iranian passport and military service in Iran indicate foreign preference.
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 issuedMay 25, 2006
- Answer filedJul 24, 2006Notarized response to SOR allegations.
- Hearing held—Case decided on the written record.
- Decision dateNov 30, 2006
Cite For
- Security Concerns Related to Family Ties in Iran Under Guideline B
- Impact of Dual Citizenship and Foreign Passport Retention Under Guideline C
- Burden of Proof Required to Mitigate Foreign Influence and Preference Concerns.