ISCR Case 14-03123.h1

Case Headnote

ISCR Case No. 14-03123.h1

grantedAug 27, 2015· Hon. Noreen A. Lynch· hearing

Summary

A naturalized U.S. citizen, originally from Pakistan, was granted a security clearance despite concerns under Guideline B (Foreign Influence) related to his familial ties in Pakistan. The Statement of Reasons noted that the applicant's parents are Pakistani citizens residing with him in the U.S., and he has two brothers. One brother, a Pakistani citizen, is a career military officer in the Pakistani Army. The other brother resides in the U.S. with his wife and son; the wife works for an American company on an H-1B visa, and the brother holds an H-4 visa.

Disqualifying conditions under Guideline B were raised, specifically regarding immediate family members who are foreign citizens or residents, and close and continuing contact with foreign citizens. However, the judge applied several mitigating conditions. The applicant demonstrated significant ties to the United States, including a U.S. citizen spouse and children. His parents reside in the U.S. and are in the process of becoming U.S. citizens, further reducing foreign influence concerns.

Additionally, the applicant's contact with his brother in Pakistan was found to be infrequent, mitigating potential risks of foreign exploitation. These factors led to the decision to grant the security clearance.

Why the Applicant Prevailed

The applicant demonstrated significant ties to the United States, including a U.S. citizen spouse and children.
The applicant's parents reside in the U.S. and are in the process of becoming U.S. citizens, reducing foreign influence concerns.
The applicant's contact with his brother in Pakistan is infrequent, mitigating potential risks of foreign exploitation.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with a Foreign Family Member
AG ¶ 7(b)raisedConnections to a Foreign Government

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons
AG ¶ 8(b)appliedMinimal Conflict of Interest
AG ¶ 8(c)appliedCasual and Infrequent Contact

Key Rule Quoted

“The United States has a compelling interest in protecting and safeguarding classified information from any person, organization, or country that is not authorized to have access to it, regardless of whether that person, organization, or country has interests inimical to those of the United States.”
— ISCR Case No. 02-11570 at 5 (App. Bd. May 19, 2004)

Procedural Posture

SOR issuedOct 31, 2014
Answer filed—Timely response by applicant.
Hearing heldAug 6, 2015Hearing conducted with applicant testifying.
Decision dateAug 27, 2015

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Significance of U.S. Familial Ties in Security Clearance Cases
Infrequent Contact with Foreign Relatives 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	specific text not stated in this decision	For Applicant	Unspecified Foreign Relationship Immediate Family	— HEIGHTENED RISK	Unknown	(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	—
1.b	Applicant’s parents are citizens of Pakistan but reside with him in the United States.	For Applicant	Parent in Foreign Country Immediate Family	Pakistan HEIGHTENED RISK	Admitted	(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	—
1.c	Applicant has two brothers. One brother is married and lives in the United States. This brother lives with his wife and son. Applicant’s sister-in-law works for an American company and has an H-1B visa. Applicant’s brother has an H-4 visa and is dependent on his wife.	For Applicant	Sibling in Foreign Country Immediate Family	Pakistan HEIGHTENED RISK	Unknown	(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	—
1.d	Applicant’s other brother is a citizen and resident of Pakistan, and is a career military officer in the Pakistani Army.	For Applicant	Sibling in Foreign Country Immediate Family GOVT-AFFILIATED	Pakistan HEIGHTENED RISK	Unknown	(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	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

specific text not stated in this decision

For Applicant

Unspecified Foreign Relationship

Immediate Family

—

HEIGHTENED RISK

Unknown

(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

—

1.b

Applicant’s parents are citizens of Pakistan but reside with him in the United States.

For Applicant

Parent in Foreign Country

Immediate Family

Pakistan

HEIGHTENED RISK

Admitted

(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

—

1.c

Applicant has two brothers. One brother is married and lives in the United States. This brother lives with his wife and son. Applicant’s sister-in-law works for an American company and has an H-1B visa. Applicant’s brother has an H-4 visa and is dependent on his wife.

For Applicant

Sibling in Foreign Country

Immediate Family

Pakistan

HEIGHTENED RISK

Unknown

(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

—

1.d

Applicant’s other brother is a citizen and resident of Pakistan, and is a career military officer in the Pakistani Army.

For Applicant

Sibling in Foreign Country

Immediate Family

GOVT-AFFILIATED

Pakistan

HEIGHTENED RISK

Unknown

(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

—

Loading case…

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

FOOTNOTES