ISCR Case 19-02375

Case Headnote

ISCR Case No. 19-02375

grantedAug 6, 2019· Hon. Wilford H. Ross· hearing

Summary

A 71-year-old naturalized U.S. citizen, originally from Pakistan, was granted a security clearance under Guideline B (Foreign Influence). The applicant had two brothers and four sisters, with all but one brother residing in the United States. The remaining brother retired from the Pakistani Army in 2017, and the applicant's contact with him since January 2018 has been limited to social media. An allegation regarding the applicant's son residing in Saudi Arabia was mitigated, as the son returned to the U.S. in 2017. The applicant also stated that his contact with other friends and relatives in Pakistan since 2018 has been minimal and infrequent, primarily for personal greetings via social media.

At the time the Statement of Reasons was issued in February 2020, the applicant held between $140,000 and $160,000 in cash and property assets in Pakistan. This included bank accounts, an apartment owned by his wife, and other property. By June 2020, approximately $100,000 had been remitted from his Pakistani bank accounts to the U.S., with only about $20,000 remaining in Pakistan and in the process of being transferred. The applicant also held approximately $601,000 in U.S. assets prior to these transfers.

The administrative judge granted the clearance, concluding it aligned with national interest. This decision was based on the applicant demonstrating minimal contact with family in Pakistan, strong ties to the U.S. (including a U.S. citizen wife and children), and the liquidation and transfer of most of his financial interests from Pakistan to the United States.

Why the Applicant Prevailed

The applicant demonstrated minimal contact with family in Pakistan, primarily through social media.
He has strong ties to the U.S., including a wife and children who are American citizens.
The applicant liquidated most of his financial interests in Pakistan, transferring assets to the U.S.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons
AG ¶ 7(f)raisedSubstantial Financial Interests in a Foreign Country

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons
AG ¶ 8(b)appliedNo Conflict of Interest Due to Strong U.S. Ties
AG ¶ 8(c)appliedCasual and Infrequent Contact with Foreign Citizens
AG ¶ 8(f)appliedValue of Foreign Interests Unlikely to Result in Conflict

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedFeb 13, 2020
Answer filedApr 6, 2020
Hearing heldJul 28, 2020
Decision dateAug 6, 2019

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Strong U.S. Ties in Security Clearance Decisions
Minimal Contact with Foreign Family Members as a Mitigating Factor

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 has two brothers and four sisters. Except for one brother, all of his remaining family now lives in the United States. His brother retired from the Pakistani Army as an officer in 2017. Applicant has not seen this brother since he returned to the United States in January 2018. His only contact with this brother since then is through social media.	For Applicant	Sibling in Foreign Country Immediate Family	Pakistan	Admitted	—	—	—
1.b	The SOR alleged that Applicant’s son resided in Saudi Arabia. Applicant stated that his son returned to the United States in 2017. The Government conceded that this allegation has been mitigated.	For Applicant	Unspecified Foreign Relationship Immediate Family	Saudi Arabia	Denied	—	—	Claimed Other
1.c	The Government alleged that Applicant maintained close and continuing contact with various friends and family members in Pakistan. In this regard Applicant stated, 'Since 2018, there is ONLY minimal/infrequent contacts with friends and relatives in Pakistan using social media (WhatsApp) for personal greetings.'	For Applicant	Friend in Foreign Country Friend	Pakistan	Admitted	—	—	—
1.d	At the time the SOR was issued in February 2020, Applicant had cash and property assets in Pakistan worth between $140,000 and $160,000. This included $22,000 in several bank accounts; an apartment owned by Applicant’s wife worth approximately $70,000; and property that was alleged to be worth $111,000, but due to currency deflation in Pakistan had been reduced to approximately $70,000.	For Applicant	Foreign Real Estate Financial or Property Interest	Pakistan	Admitted	—	—	—
1.e	Applicant submitted documentation from his bank in the United States showing that approximately $100,000 had been remitted from his Pakistani bank. Applicant stated that only approximately $20,000 remained in Pakistan as of June 29, 2020, and that amount was in the process of being transferred.	For Applicant	Foreign Bank Account or Investment Financial or Property Interest	Pakistan	Denied	—	—	Claimed Other
1.f	Item 5 indicated that Applicant had approximately $601,000 worth of assets in the United States, before transfer of the funds from Pakistan.	For Applicant	Unspecified Foreign Relationship Financial or Property Interest	—	Admitted	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant has two brothers and four sisters. Except for one brother, all of his remaining family now lives in the United States. His brother retired from the Pakistani Army as an officer in 2017. Applicant has not seen this brother since he returned to the United States in January 2018. His only contact with this brother since then is through social media.

For Applicant

Sibling in Foreign Country

Immediate Family

Pakistan

Admitted

—

1.b

The SOR alleged that Applicant’s son resided in Saudi Arabia. Applicant stated that his son returned to the United States in 2017. The Government conceded that this allegation has been mitigated.

For Applicant

Unspecified Foreign Relationship

Immediate Family

Saudi Arabia

Denied

—

Claimed

Other

1.c

The Government alleged that Applicant maintained close and continuing contact with various friends and family members in Pakistan. In this regard Applicant stated, 'Since 2018, there is ONLY minimal/infrequent contacts with friends and relatives in Pakistan using social media (WhatsApp) for personal greetings.'

For Applicant

Friend in Foreign Country

Friend

Pakistan

Admitted

—

1.d

At the time the SOR was issued in February 2020, Applicant had cash and property assets in Pakistan worth between $140,000 and $160,000. This included $22,000 in several bank accounts; an apartment owned by Applicant’s wife worth approximately $70,000; and property that was alleged to be worth $111,000, but due to currency deflation in Pakistan had been reduced to approximately $70,000.

For Applicant

Foreign Real Estate

Financial or Property Interest

Pakistan

Admitted

—

1.e

Applicant submitted documentation from his bank in the United States showing that approximately $100,000 had been remitted from his Pakistani bank. Applicant stated that only approximately $20,000 remained in Pakistan as of June 29, 2020, and that amount was in the process of being transferred.

For Applicant

Foreign Bank Account or Investment

Financial or Property Interest

Pakistan

Denied

—

Claimed

Other

1.f

Item 5 indicated that Applicant had approximately $601,000 worth of assets in the United States, before transfer of the funds from Pakistan.

For Applicant

Unspecified Foreign Relationship

Financial or Property Interest

—

Admitted

—

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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

PROCEDURAL RULINGS

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION