ISCR Case 17-03799.h1

Case Headnote

ISCR Case No. 17-03799.h1

grantedOct 12, 2018· Hon. Caroline E. Heintzelman· hearing

Summary

A 49-year-old naturalized U.S. citizen, originally from Pakistan, was granted a security clearance despite concerns under Guideline B (Foreign Influence). The Statement of Reasons cited his ongoing familial connections with parents, siblings, and a mother-in-law who are citizens and residents of Pakistan. One brother also resides in Pakistan and helps care for their parents. The allegations also noted a potential conflict of interest between protecting sensitive information and the desire to assist family members abroad. The applicant's mother-in-law, while a Pakistani citizen and resident, is also a permanent U.S. resident.

The judge found that the applicant successfully mitigated these security concerns. Disqualifying conditions under AG ¶ 7(a), AG ¶ 7(b), and AG ¶ 7(e) were raised, but mitigating conditions under AG ¶ 8(a), AG ¶ 8(b), and AG ¶ 8(c) were applied.

The decision to grant clearance was based on the applicant's demonstrated long-standing commitment to the U.S., including nearly ten years of work supporting U.S. military operations as a linguist and translator. There was no evidence of coercion from foreign relatives, and the applicant expressed a clear willingness to prioritize U.S. interests. His family ties in Pakistan were considered normal and commendable, not indicative of divided allegiance.

Why the Applicant Prevailed

The applicant demonstrated a long-standing commitment to the U.S. and its interests through his work as a linguist and translator for U.S. forces.
There was no evidence of coercion or pressure from foreign relatives, and the applicant expressed a willingness to prioritize U.S. interests.
The applicant's family ties in Pakistan were deemed normal and commendable, not indicative of divided allegiance.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
AG ¶ 7(e)notedShared Living Quarters with Foreign Persons

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Unlikely to Create Conflict
AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong U.S. Ties
AG ¶ 8(c)rejectedCasual and Infrequent Contact with Foreign CitizensThe applicant's relationships with foreign family members were not casual or infrequent.

Key Rule Quoted

“The mere possession of close family ties with a person in a foreign country is not, as a matter of law, disqualifying under Guideline B.”
— ISCR Case No. 03-02382 at 5 (App. Bd. Feb. 15, 2006)

Procedural Posture

SOR issuedDec 27, 2017
Answer filedFeb 13, 2018
Hearing heldJun 13, 2018Hearing convened as scheduled.
Decision dateOct 12, 2018

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Consideration of Familial Ties in Security Clearance Decisions
Impact of U.S. Citizenship and Service on Security Clearance Eligibility

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 ongoing and commendable familial connections with his parents, siblings, and mother-in-law, who are residents and citizens of Pakistan.	For Applicant	Parent in Foreign Country Immediate Family	Pakistan HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.b	Applicant’s relationships with his relatives also create a potential conflict of interest between his obligation to protect sensitive information or technology and his desire to help family members living in Pakistan.	For Applicant	Parent in Foreign Country Immediate Family	Pakistan HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.c	Applicant has three younger brothers. One of his brothers is a citizen and resident of Pakistan, and he helps take care of their parents.	For Applicant	Sibling in Foreign Country Immediate Family	Pakistan HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.d	Applicant’s mother-in-law is a housewife and a citizen and resident of Pakistan. However, she is also a permanent resident of the United States.	For Applicant	In Law in Foreign Country Immediate Family	Pakistan HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.e	Applicant has lived in the United States for almost twenty years and has worked supporting the U.S. government for almost ten years.	For Applicant	Unspecified Foreign Relationship Other	—	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant has ongoing and commendable familial connections with his parents, siblings, and mother-in-law, who are residents and citizens of Pakistan.

For Applicant

Parent in Foreign Country

Immediate Family

Pakistan

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.b

Applicant’s relationships with his relatives also create a potential conflict of interest between his obligation to protect sensitive information or technology and his desire to help family members living in Pakistan.

For Applicant

Parent in Foreign Country

Immediate Family

Pakistan

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.c

Applicant has three younger brothers. One of his brothers is a citizen and resident of Pakistan, and he helps take care of their parents.

For Applicant

Sibling in Foreign Country

Immediate Family

Pakistan

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.d

Applicant’s mother-in-law is a housewife and a citizen and resident of Pakistan. However, she is also a permanent resident of the United States.

For Applicant

In Law in Foreign Country

Immediate Family

Pakistan

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.e

Applicant has lived in the United States for almost twenty years and has worked supporting the U.S. government for almost ten years.

For Applicant

Unspecified Foreign Relationship

Other

—

Denied

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

(b) connections creating a potential conflict of interest

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

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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

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION