ISCR Case 09-05673.h1

Case Headnote

ISCR Case No. 09-05673.h1

grantedMar 2, 2011· Hon. Rita C. O'Brien· hearing

Summary

A 40-year-old naturalized U.S. citizen, originally from India, was granted a security clearance despite concerns under Guideline B (Foreign Influence). The applicant's parents, both Indian citizens and residents, receive approximately $375 per month in support and have visited the U.S. twice in 13 years. His two sisters, also Indian citizens, hold positions in the Indian government (excise inspector) and a private bank, respectively. The applicant's mother-in-law and sister-in-law are Indian citizens and residents, with the sister-in-law working in a clerical role for an airline. Regular telephone contact is maintained with all family members in India.

The applicant owns a townhouse in India, purchased while he was an Indian citizen, valued at approximately $100,000. This property has been on the market since June 2010, with a temporary withdrawal due to water damage, and is currently listed for sale again. He maintains an Indian bank account with a balance of about $2,250 to cover house expenses and parental support, which he plans to close upon the property's sale.

The judge determined that the applicant's strong ties to the U.S., including a U.S. citizen spouse and children, and the stable relationship between the U.S. and India, mitigated the foreign influence concerns. Additionally, his family in India was unaware of his security clearance application, and his U.S. assets outweighed his financial interests in India. The security clearance was granted.

Why the Applicant Prevailed

The applicant has strong ties to the United States, including a U.S. citizen spouse and children.
The applicant's family in India is not aware of his security clearance application, reducing potential foreign influence.
The applicant's financial interests in India are outweighed by his substantial assets in the U.S.

Conditions Referenced

Disqualifying

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

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

Key Rule Quoted

“The mere possession of close family ties to persons in a foreign country is not, as a matter of law, disqualifying under Guideline B.”

Procedural Posture

SOR issuedDec 9, 2010
Answer filedDec 29, 2010Applicant admitted allegations.
Hearing heldMar 2, 2011
Decision dateMay 31, 2011

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of U.S. Ties in Security Clearance Decisions
Consideration of Family Relationships in Security Clearance Evaluations

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’s parents are citizens and residents of India. His father, 77 years old, is retired. His mother is 67 years old. They visited Applicant twice in the United States in the past 13 years. They are in touch by telephone every week or two. Applicant provides his parents with approximately $375 per month support.	For Applicant	Parent in Foreign Country Immediate Family	India	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.	Credited Deep U.S. Ties
1.b	Applicant also has two sisters who are citizens and residents of India. One sister, who is 44, is an excise inspector for the Indian government, which Applicant describes as a “low-level” position involving ensuring taxes are paid on time. Her spouse is a chemical engineer for a private company. Applicant's other sister is 45 years old. She works for a private bank, and her husband has his own IT company. Applicant talks with his sisters once every week or two by telephone. They have not visited him in the United States, and have never requested help or support from him.	For Applicant	Sibling in Foreign Country Immediate Family GOVT-AFFILIATED	India	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.	Credited Deep U.S. Ties
1.c	Applicant's mother-in-law and sister-in-law are citizens and residents of India. His mother-in-law, 66, is retired from a position working in a pharmacy. She has no interest or understanding of Applicant's job. His sister-in-law has a clerical position in an airline company, and his brother-in-law works for an insurance company. Applicant's mother-in-law visited Applicant and his wife in the United States twice, and his sister-in-law visited them once. He talks with his in-laws once every week or two by telephone. Applicant's in-laws have no connections with the Indian government.	For Applicant	In Law in Foreign Country Immediate Family	India	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.	Credited Deep U.S. Ties
1.d	Applicant purchased a townhouse in India while he was an Indian citizen, worth approximately $100,000. He stays there when he visits, and keeps it vacant when he is not there. He is trying to sell the property, and placed it on the market in June 2010. However, water damage developed and it had to be withdrawn. Applicant has since repaired the damage, and it is has been back on the market since December 2010. Applicant also maintains a bank account in order to pay expenses related to the house, and to provide some support to his parents. It has a balance of approximately $2,250. When the house is sold, he will close the account. He has no other Indian investments, business interests, or connections.	For Applicant	Foreign Real Estate Financial or Property Interest	India	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.	Claimed Foreign Assets Divested
1.e–1.h	4 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’s parents are citizens and residents of India. His father, 77 years old, is retired. His mother is 67 years old. They visited Applicant twice in the United States in the past 13 years. They are in touch by telephone every week or two. Applicant provides his parents with approximately $375 per month support.

For Applicant

Parent in Foreign Country

Immediate Family

India

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.

Credited

Deep U.S. Ties

1.b

Applicant also has two sisters who are citizens and residents of India. One sister, who is 44, is an excise inspector for the Indian government, which Applicant describes as a “low-level” position involving ensuring taxes are paid on time. Her spouse is a chemical engineer for a private company. Applicant's other sister is 45 years old. She works for a private bank, and her husband has his own IT company. Applicant talks with his sisters once every week or two by telephone. They have not visited him in the United States, and have never requested help or support from him.

For Applicant

Sibling in Foreign Country

Immediate Family

GOVT-AFFILIATED

India

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.

Credited

Deep U.S. Ties

1.c

Applicant's mother-in-law and sister-in-law are citizens and residents of India. His mother-in-law, 66, is retired from a position working in a pharmacy. She has no interest or understanding of Applicant's job. His sister-in-law has a clerical position in an airline company, and his brother-in-law works for an insurance company. Applicant's mother-in-law visited Applicant and his wife in the United States twice, and his sister-in-law visited them once. He talks with his in-laws once every week or two by telephone. Applicant's in-laws have no connections with the Indian government.

For Applicant

In Law in Foreign Country

Immediate Family

India

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.

Credited

Deep U.S. Ties

1.d

Applicant purchased a townhouse in India while he was an Indian citizen, worth approximately $100,000. He stays there when he visits, and keeps it vacant when he is not there. He is trying to sell the property, and placed it on the market in June 2010. However, water damage developed and it had to be withdrawn. Applicant has since repaired the damage, and it is has been back on the market since December 2010. Applicant also maintains a bank account in order to pay expenses related to the house, and to provide some support to his parents. It has a balance of approximately $2,250. When the house is sold, he will close the account. He has no other Indian investments, business interests, or connections.

For Applicant

Foreign Real Estate

Financial or Property Interest

India

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.

Claimed

Foreign Assets Divested

1.e–1.h

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

For Applicant

Unspecified Foreign Relationship

Other

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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 ANALYSIS

FORMAL FINDINGS

CONCLUSION

FOOTNOTES