ISCR Case 14-04006.h1

Case Headnote

ISCR Case No. 14-04006.h1

grantedMay 9, 2016· Hon. Paul J. Mason· hearing

Summary

A 39-year-old naturalized U.S. citizen, originally from India, was granted a security clearance despite concerns under Guideline B (Foreign Influence). The Statement of Reasons detailed that the applicant's mother, father, 33-year-old brother, 36-year-old sister, 33-year-old brother-in-law, 53-year-old mother-in-law, and five cousins are all citizens and residents of India. Additionally, the applicant opened an Indian bank account in November 2001 for approximately $1,000 and purchased an apartment in India in May 2004 for about $37,500.

Disqualifying conditions related to foreign influence were raised, but mitigating conditions were applied. The judge determined that the applicant's strong ties and significant financial assets within the United States outweighed the foreign influence concerns.

Specifically, the applicant demonstrated home ownership and substantial financial assets in the U.S. Furthermore, the applicant's family members residing in India were found to have no connections to the Indian government or military. The applicant's financial interests in India were deemed minimal when compared to his considerable assets in the United States, leading to the decision to grant the security clearance.

Why the Applicant Prevailed

The applicant demonstrated strong ties to the United States, including home ownership and significant financial assets.
The applicant's family members in India have no connections to the Indian government or military, reducing the risk of foreign influence.
The applicant's financial interests in India are minimal compared to 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
AG ¶ 7(d)raisedSubstantial Business or Financial Interest in a Foreign Country
AG ¶ 7(e)raisedForeign Financial Interests Creating Risk of Foreign Influence

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(f)appliedValue of Foreign Interests Unlikely to Result in Conflict

Key Rule Quoted

“The mere possession of close family ties to persons in a foreign country is not disqualifying under the guideline for foreign influence.”

Procedural Posture

SOR issuedNov 7, 2014
Answer filedNov 29, 2014
Hearing heldNov 10, 2015
Decision dateMay 9, 2016

Cite For

Mitigating Conditions Under Guideline B for Foreign Influence
Importance of U.S. Ties in Overcoming Foreign Influence Concerns
Evaluation of Financial Interests in the Context of 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’s mother and father are citizens and residents of India.	For Applicant	Parent in Foreign Country Immediate Family	India 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.	Credited Deep U.S. Ties
1.b	Applicant’s 33-year-old brother is a citizen and resident of India.	For Applicant	Sibling in Foreign Country Immediate Family	India 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.	Credited Deep U.S. Ties
1.c	Applicant’s 36-year-old sister and 33-year-old brother-in-law are citizens and residents of India.	For Applicant	Sibling in Foreign Country Immediate Family	India 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.	Credited Deep U.S. Ties
1.d	Applicant’s 53-year-old mother-in-law, a citizen and resident of India, has always been a housewife.	For Applicant	In Law in Foreign Country Immediate Family	India 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.	Credited Deep U.S. Ties
1.e	Applicant’s five cousins are citizens and residents of India.	For Applicant	Extended Family in Foreign Country Extended Family	India 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.	Credited Deep U.S. Ties
1.f	In November 2001, Applicant opened an Indian bank account for about $1,000.	For Applicant	Foreign Bank Account or Investment Financial or Property Interest	India HEIGHTENED RISK	Admitted	(e) shared living quarters creating a heightened risk	—	Claimed Foreign Assets Divested
1.g	In May 2004, Applicant purchased an apartment for about $37,500.	For Applicant	Foreign Real Estate Financial or Property Interest	India HEIGHTENED RISK	Admitted	(e) shared living quarters creating a heightened risk	—	Claimed Foreign Assets Divested

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s mother and father are citizens and residents of India.

For Applicant

Parent in Foreign Country

Immediate Family

India

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.

Credited

Deep U.S. Ties

1.b

Applicant’s 33-year-old brother is a citizen and resident of India.

For Applicant

Sibling in Foreign Country

Immediate Family

India

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.

Credited

Deep U.S. Ties

1.c

Applicant’s 36-year-old sister and 33-year-old brother-in-law are citizens and residents of India.

For Applicant

Sibling in Foreign Country

Immediate Family

India

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.

Credited

Deep U.S. Ties

1.d

Applicant’s 53-year-old mother-in-law, a citizen and resident of India, has always been a housewife.

For Applicant

In Law in Foreign Country

Immediate Family

India

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.

Credited

Deep U.S. Ties

1.e

Applicant’s five cousins are citizens and residents of India.

For Applicant

Extended Family in Foreign Country

Extended Family

India

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.

Credited

Deep U.S. Ties

1.f

In November 2001, Applicant opened an Indian bank account for about $1,000.

For Applicant

Foreign Bank Account or Investment

Financial or Property Interest

India

HEIGHTENED RISK

Admitted

(e) shared living quarters creating a heightened risk

—

Claimed

Foreign Assets Divested

1.g

In May 2004, Applicant purchased an apartment for about $37,500.

For Applicant

Foreign Real Estate

Financial or Property Interest

India

HEIGHTENED RISK

Admitted

(e) shared living quarters creating a heightened risk

—

Claimed

Foreign Assets Divested

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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