ISCR Case 06-00961.h1

Case Headnote

ISCR Case No. 06-00961.h1

deniedOct 31, 2006· Hon. Marc E. Curry· hearing

Summary

An applicant, a dual citizen of the United States and Iran, was denied a security clearance for an Information Systems position due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The denial stemmed from his retention of an active Iranian passport and his relationships with Iranian relatives.

Specifically, the applicant's active Iranian passport, valid until 2010, and his use of it for travel to Iran between 2000 and 2005 after becoming a naturalized U.S. citizen, raised foreign preference concerns. Additionally, his relationships with his foreign wife, parents, siblings, and in-laws triggered foreign influence disqualifying conditions. He regularly spoke with his parents, who visited the U.S. every 12 to 15 months, and his wife's parents, though he only spoke to them when they called for his wife.

While some mitigating conditions were considered, the administrative judge ultimately found that the applicant did not provide sufficient evidence to mitigate the security risks associated with his foreign ties. The unmitigated security risks related to his foreign preference and influence led to the denial of his eligibility.

Why the Applicant Was Denied

Applicant retained an active Iranian passport, raising concerns about foreign preference.
Applicant's close relationships with Iranian relatives posed unmitigated security risks.
The applicant did not provide evidence to mitigate the security concerns related to his foreign ties.

Conditions Referenced

Disqualifying

FP DC 1appliedExercise of Dual Citizenship
FP DC 2appliedPossession And/or Use of a Foreign Passport
FI DC 1appliedImmediate Family Member Is a Citizen or Resident of a Foreign Country
FI DC 2appliedSharing Living Quarters with a Person From a Foreign Country

Mitigating

FP MC 1appliedDual Citizenship Based Solely on Parents' Citizenship or Birth in a Foreign Country
FI MC 1appliedDetermination That Immediate Family Members Do Not Constitute an Unacceptable Security Risk
FI MC 3appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent

Key Rule Quoted

“A clearance must be denied or revoked unless the applicant surrenders the foreign passport or obtains official approval for its use from the appropriate agency of the United States Government.”
— ASD/C3I Memorandum, "Guidance to DoD Central Adjudication Facilities (CAF) Clarifying the Application of the Foreign Preference Adjudicative Guideline," dated August 16, 2000.

Procedural Posture

SOR issuedMar 22, 2006
Answer filedJun 22, 2006
Hearing heldAug 24, 2006
Decision dateOct 31, 2006

Cite For

Security Concerns Related to Dual Citizenship Under Guideline C
Impact of Foreign Family Ties on Security Clearance Under Guideline B
Requirements for Mitigating Foreign Preference Issues in Security Clearance Cases

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	Applicant's relationship with his foreign wife, parents, siblings, and in-laws triggers the applicability of Foreign Influence Disqualifying Condition (FI DC) 1: An 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.	Against Applicant	Spouse Dual or Foreign Citizen Immediate Family	Iran HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.b	His relationship with his wife also triggers the applicability FI DC 2: Sharing living quarters with a person or persons, regardless of their citizenship status, if the potential for adverse foreign influence or duress exists.	Against Applicant	Spouse Dual or Foreign Citizen Immediate Family	Iran HEIGHTENED RISK	Admitted	(b) connections creating a potential conflict of interest	—	—
2.c	The relationships with Applicant's other relatives pose unmitigated security concerns. He speaks with his parents on a regular basis, and they come to the U.S. every 12 to 15 months to visit him.	Against 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	—	—
2.e	Although Applicant only speaks to his parent-in-laws when they call for his wife, there is a rebuttable presumption that their relationship creates a vulnerability to coercion through his wife.	Against Applicant	In Law in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.f	He has met his remaining in-laws at his wedding in Iran in 2003 and has had no other contact with them since that time.	Against Applicant	In Law in Foreign Country Extended Family	Iran HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant's relationship with his foreign wife, parents, siblings, and in-laws triggers the applicability of Foreign Influence Disqualifying Condition (FI DC) 1: An 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.

Against Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Iran

HEIGHTENED RISK

Admitted

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

—

2.b

His relationship with his wife also triggers the applicability FI DC 2: Sharing living quarters with a person or persons, regardless of their citizenship status, if the potential for adverse foreign influence or duress exists.

Against Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Iran

HEIGHTENED RISK

Admitted

(b) connections creating a potential conflict of interest

—

2.c

The relationships with Applicant's other relatives pose unmitigated security concerns. He speaks with his parents on a regular basis, and they come to the U.S. every 12 to 15 months to visit him.

Against 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

—

2.e

Although Applicant only speaks to his parent-in-laws when they call for his wife, there is a rebuttable presumption that their relationship creates a vulnerability to coercion through his wife.

Against Applicant

In Law in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Admitted

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

—

2.f

He has met his remaining in-laws at his wedding in Iran in 2003 and has had no other contact with them since that time.

Against Applicant

In Law in Foreign Country

Extended Family

Iran

HEIGHTENED RISK

Admitted

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

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant exercised his dual Iranian citizenship by applying for a passport after becoming a naturalized U.S. citizen, and using it to travel to Iran on multiple occasions from 2000 to 2005.	Against Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country (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.	—	—
1.b	Applicant possesses an active Iranian passport that does not expire until 2010.	Against 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.	—	—
1.c–1.e	3 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant exercised his dual Iranian citizenship by applying for a passport after becoming a naturalized U.S. citizen, and using it to travel to Iran on multiple occasions from 2000 to 2005.

Against Applicant

Foreign Citizenship Acquisition or Application

Admitted

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

(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.

—

1.b

Applicant possesses an active Iranian passport that does not expire until 2010.

Against 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.

—

1.c–1.e

3 sub-charges — specific text not stated in this decision (against the applicant).

Against Applicant

—

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Case Profile

Summary

Why the Applicant Was Denied

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