ISCR Case 09-05267.h1

Case Headnote

ISCR Case No. 09-05267.h1

grantedFeb 16, 2011· Hon. Michael H. Leonard· hearing

Summary

A 57-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 highlighted that the applicant had three sisters and a brother residing in Pakistan, with whom he maintained distant relationships, having seen his sisters only three times in the last decade and having no contact with his brother for over ten years. Similarly, his relationships with his mother-in-law, four brothers-in-law, and a sister-in-law, all Pakistani citizens and residents, were described as equally or more distant.

Further concerns arose from inherited real estate in Pakistan, valued at approximately $120,000. The applicant delayed selling this property until August 2010, after his mother's passing, at which point the proceeds were transferred to the U.S., and a Pakistani bank account was closed. All his substantial financial assets are now located in the United States, including a mortgage-free home.

The judge ultimately granted the clearance, finding that the applicant had successfully mitigated the foreign influence concerns. This was based on his demonstrated minimal contact with family in Pakistan, the elimination of his financial interests there through the sale of property and closure of the bank account, and his proven loyalty to the United States through his work as a linguist for the U.S. armed forces. The decision concluded that the applicant would prioritize U.S. interests.

Why the Applicant Prevailed

Applicant demonstrated minimal contact with family members in Pakistan, indicating weak ties.
He sold his property in Pakistan and closed his bank account, eliminating financial interests there.
His loyalty to the United States was evidenced by his work as a linguist supporting U.S. military operations.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to a Foreign Country
AG ¶ 7(e)raisedSubstantial Financial Interest in a Foreign Country

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons
AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong U.S. Ties
AG ¶ 8(f)appliedNo Financial Interests in a Foreign Country

Key Rule Quoted

“The overall concern under the guideline is: Foreign contacts and interests may be a security concern if the individual has divided loyalties or foreign financial interests, may be manipulated or induced to help a foreign person, group, organization, or government in a way that is not in U.S. interests, or is vulnerable to pressure or coercion by any foreign interest.”

Procedural Posture

SOR issuedJan 7, 2010
Answer filed—
Hearing heldSep 29, 2010
Decision dateFeb 16, 2011

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Evaluation of Family Ties and Their Impact on Security Clearance Eligibility
Consideration of an Applicant's Loyalty to the U.S. in Security Clearance Decisions

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 three sisters and a brother who are citizens of and residents in Pakistan. He describes his relationships with his siblings as quite distant due to geographic separation and a lack of interaction since his immigration to the United States in 1994. For example, he has seen his sisters three times in the last ten years, once when he was in Pakistan to see his ill father and the other two during his parents’ funerals. He has had no contact, to include telephonic or e-mail, with his brother for more than ten years, and he last spoke to him in 1999. He describes his siblings as busy with their own lives and families. He does not provide financial support to his siblings.	For Applicant	Sibling 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 (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (f) foreign interests are minimal and could not be used to influence	Claimed Other
1.b	Applicant has a mother-in-law, four brothers-in-law, and a sister-in-law who are citizens of and residents in Pakistan. His relationship with these in-laws is as distant, if not more so, as that of his siblings. His relationship with his mother-in-law, an 80-year-old widow who lives with her oldest son, is distant as well.	For Applicant	In Law 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 (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (f) foreign interests are minimal and could not be used to influence	Claimed Other
1.c	Applicant inherited real estate in Pakistan that was once valued at about $120,000. He delayed selling it after his father’s death because his mother continued to live in the home. She passed away in 2008, the home was sold in August 2010, and the sale proceeds were transferred to the United States. A Pakistani bank account was also closed. All of Applicant’s financial assets, which are not insubstantial, are now in the United States. These assets include a home for which Applicant has paid off the mortgage loan.	For Applicant	Foreign Real Estate Financial or Property Interest	Pakistan HEIGHTENED RISK	Admitted	(e) shared living quarters creating a heightened risk	(f) foreign interests are minimal and could not be used to influence	Documented Foreign Assets Divested
1.d–1.f	3 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant	Unspecified Foreign Relationship Other	—		—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant has three sisters and a brother who are citizens of and residents in Pakistan. He describes his relationships with his siblings as quite distant due to geographic separation and a lack of interaction since his immigration to the United States in 1994. For example, he has seen his sisters three times in the last ten years, once when he was in Pakistan to see his ill father and the other two during his parents’ funerals. He has had no contact, to include telephonic or e-mail, with his brother for more than ten years, and he last spoke to him in 1999. He describes his siblings as busy with their own lives and families. He does not provide financial support to his siblings.

For Applicant

Sibling 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

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

(f) foreign interests are minimal and could not be used to influence

Claimed

Other

1.b

Applicant has a mother-in-law, four brothers-in-law, and a sister-in-law who are citizens of and residents in Pakistan. His relationship with these in-laws is as distant, if not more so, as that of his siblings. His relationship with his mother-in-law, an 80-year-old widow who lives with her oldest son, is distant as well.

For Applicant

In Law 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

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

(f) foreign interests are minimal and could not be used to influence

Claimed

Other

1.c

Applicant inherited real estate in Pakistan that was once valued at about $120,000. He delayed selling it after his father’s death because his mother continued to live in the home. She passed away in 2008, the home was sold in August 2010, and the sale proceeds were transferred to the United States. A Pakistani bank account was also closed. All of Applicant’s financial assets, which are not insubstantial, are now in the United States. These assets include a home for which Applicant has paid off the mortgage loan.

For Applicant

Foreign Real Estate

Financial or Property Interest

Pakistan

HEIGHTENED RISK

Admitted

(e) shared living quarters creating a heightened risk

(f) foreign interests are minimal and could not be used to influence

Documented

Foreign Assets Divested

1.d–1.f

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

For Applicant

Unspecified Foreign Relationship

Other

—

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

PROCEDURAL MATTERS

FINDINGS OF FACT

ANALYSIS

FORMAL FINDINGS

CONCLUSION

FOOTNOTES