Summary
A 46-year-old naturalized U.S. citizen, originally from Pakistan, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline E (Personal Conduct). The Statement of Reasons cited his termination in October 2014 for violating company policy regarding foreign travel to Pakistan. Additionally, concerns were raised about his family ties, including his wife, who is a Pakistani citizen residing in the U.S., and several siblings and in-laws who are Pakistani citizens and residents. One U.S. citizen brother also lives and works in China.
Disqualifying conditions under Guideline B included the applicant's immediate family and other relatives who are citizens and residents of a foreign country. Under Guideline E, a disqualifying condition was the applicant's deliberate omission or falsification of relevant facts. However, mitigating conditions were applied, noting that the foreign contacts were not in a position to coerce the applicant, and the applicant had demonstrated a clear intent not to return to the foreign country. For personal conduct, mitigating conditions included the isolated nature of the behavior and the applicant's acknowledgment of the issue.
The judge ultimately granted the security clearance. It was determined that the applicant's ties to Pakistan did not pose a significant risk, as he had not returned since 2014 and had no intention of doing so. The applicant also acknowledged his past poor judgment regarding foreign travel and demonstrated steps to ensure future compliance with company policies.
Why the Applicant Prevailed
- The applicant acknowledged his previous poor judgment regarding foreign travel and has taken steps to ensure compliance with company policies.
- The applicant's family ties to Pakistan do not create a significant risk of foreign influence, as he has lived in the U.S. for decades and has no intention of returning to Pakistan.
Conditions Referenced
- AG ¶ 16(d)raisedCredible Adverse Information
- AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections Creating Potential Conflict of Interest
- AG ¶ 17(c)appliedMinor Offense or Unlikely to Recur
- AG ¶ 17(d)appliedAcknowledgment of Behavior and Positive Steps Taken
- AG ¶ 8(a)appliedNature of Relationships Unlikely to Create Conflict
- AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong U.S. Ties
- AG ¶ 8(c)appliedCasual and Infrequent Contact with Foreign Citizens
Key Rule Quoted
“A security clearance decision is intended only to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
Procedural Posture
- SOR issuedMar 4, 2016
- Answer filed[DATE REDACTED]
- Hearing heldAug 10, 2016Applicant appeared pro se.
- Decision dateFeb 13, 2017
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Mitigation of Personal Conduct Issues Under Guideline E
- Consideration of Isolated Incidents of Poor Judgment in Security Clearance Determinations