ISCR Case 15-05717.h1

Case Headnote

ISCR Case No. 15-05717.h1

grantedSep 13, 2017· Hon. Robert Robinson Gales· hearing

Summary

A 46-year-old defense contractor, a naturalized U.S. citizen originally from India, was granted a security clearance despite concerns under Guideline B (Foreign Influence). The applicant was born in India in 1970, completed his education there, and worked in the private sector before immigrating to the U.S. in 1997. He married in India in 1999 and returned to the U.S. with his wife. Both became naturalized U.S. citizens in 2010, taking an oath of allegiance and renouncing their Indian citizenship. Their two daughters were born in the U.S. in 2002 and 2007.

The applicant has visited India six times, four before becoming a U.S. citizen, primarily for family matters. Five family members remain Indian citizens: his mother, a sister with mental health issues, a brother who retired from the Indian military and now works clerically, his mother-in-law, and a brother-in-law who is a scientific officer for the Indian Government. None of these family members have affiliations with the Indian government or intelligence services. The applicant maintains regular telephone contact with his family in India and provides financial support to his mother and sister.

The applicant demonstrated strong ties to the U.S., stating his allegiance to the U.S. is paramount. His assets in the U.S. significantly outweigh his assets in India, which include an apartment purchased for his family (valued at $122,070), undeveloped land (valued at $65,000), and two bank accounts with a combined balance of less than $10,000. The judge found that the applicant had mitigated foreign influence concerns by renouncing his Indian citizenship, demonstrating strong U.S. ties, and with no evidence of espionage or criminal activity related to his family. The security clearance was GRANTED.

Why the Applicant Prevailed

The applicant renounced his Indian citizenship and took an oath of allegiance to the United States.
The applicant's financial interests in the U.S. significantly outweighed those in India.
There was no evidence linking the applicant or his family to espionage or criminal activity.

Conditions Referenced

Disqualifying

AG ¶ 7raisedForeign Influence

Mitigating

AG ¶ 8appliedMitigating ConditionsThe applicant has strong connections to the United States and has renounced his Indian citizenship.
AG ¶ 8(a)appliedMitigating Condition 1The applicant's family members in India have no affiliations with the Indian government or intelligence services.
AG ¶ 8(b)appliedMitigating Condition 2The applicant's financial interests in the U.S. are significantly greater than those in India.

Key Rule Quoted

“"The applicant's relationships with his various family members and extended family members in India raises suspicion of him. None of the cases cited involves Applicant personally or involved espionage through any familial relationship."”

Procedural Posture

SOR issuedMar 8, 2016
Answer filedApr 11, 2016
Hearing heldMar 15, 2017
Decision dateSep 13, 2017

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Renouncing Foreign Citizenship in Security Clearance Cases
Evaluation of Familial Ties and Their Impact on Trustworthiness Determinations

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 was born in 1970 in India to Indian citizen-residents. He completed his primary education and earned his bachelor’s degree in India and worked there as an intern, programmer analyst, and team leader for software development in the private sector for several years. He immigrated to the United States in September 1997, and he has resided in the United States since that time. In 1999, Applicant returned to India, and he was married there. His wife was also born to Indian citizen-residents and raised in India. Applicant returned to the United States with his wife that same year. His two daughters were born in the United States in 2002 and 2007. Applicant and his wife were naturalized as U.S. citizens in July 2010. When they became naturalized U.S. citizens, they took an oath of allegiance to the United States. That oath included the words: “I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen.” Applicant renounced his Indian citizenship and surrendered his Indian passport upon becoming naturalized, and he obtained a U.S. passport. Applicant currently possesses an Overseas Citizen of India (OCI) card, which is issued to both former and current Indian citizens.	For Applicant	Parent in Foreign Country Immediate Family	India	Admitted	—	(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 Deep U.S. Ties Claimed Foreign Assets Divested
1.b	Applicant has visited India on six occasions, four of which occurred before he became a U.S. citizen: 2004, 2006 (when his mother was recovering from a prolonged illness), 2010 (when his father was hospitalized), 2010 (upon his father’s death to make funeral arrangements and grieve), 2013, and 2016. He has no plans to return to India at any time in the near future.	For Applicant	Unspecified Foreign Relationship Other	India	Admitted	—	—	—
1.c	Applicant’s wife is a naturalized U.S. citizen residing in the United States, and his two daughters are native-born U.S. citizens residing in the United States. There appear to be no trustworthiness issues pertaining to them. His wife served as an agricultural officer with a private company in India, and, aside from being a homemaker, she is a coding auditor for a health care consultant.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	India	Admitted	—	—	—
1.d	There are five other members of Applicant’s family who remain citizen-residents of India, in areas relatively distant from publicized terrorist activities. His mother, now a widow in her 80s, was for many years a teacher and homemaker. Applicant’s sister, a woman now in her 50s with mental issues, has never worked outside the home, and she now cares for her mother. Applicant’s brother, also in his 50s, served in a non-combat, administrative position with the Indian military for 20 years before retiring, and he now works in a clerical position for a not-for-profit company furnishing aid to military retirees. Applicant’s mother-in-law, a woman in her late 60s, has never worked outside the home and, before her husband passed away, she was a homemaker. Applicant’s father-in-law was, before his death, an owner of a small manufacturing company who had been retired over a decade earlier. Applicant’s brother-in-law is a scientific officer employed by the Indian Government. Applicant’s parents, sister, and in-laws have never had any affiliation with the Indian government or intelligence service.	For Applicant	Extended Family in Foreign Country Extended Family	India	Admitted	—	—	—
1.e	The frequency of Applicant’s ongoing telephone contacts with the members of his family is varied: with his mother several times per week; with his sister on a weekly basis; with his brother, once every two months; with his mother-in-law, once every three months; and with his brother-in-law, two or three times per year.	For Applicant	Unspecified Foreign Relationship Other	India	Admitted	—	—	—
1.f	Applicant contends that he has strong connections to the United States, and he considers them to be stronger than his connections to India. He has made his home here and is raising his family here. He greatly values his new motherland, and he will always be loyal to the U.S. While he is morally obligated to provide support for his mother and sister in India, he stated unequivocally that his allegiance to the United States is first and foremost ahead of anything. He also noted that the value of his assets in India are negligible when compared with his more substantial assets in the U.S.	For Applicant	Unspecified Foreign Relationship Other	India	Admitted	—	—	—
1.g	Nearly two and one-half decades ago, Applicant purchased an apartment in India for about $25,000 to provide a comfortable residence for his parents and siblings. He estimated that the current value of the apartment is $122,070. Before he became a U.S. citizen, he also purchased some undeveloped land for $42,000 with the original plan to build a house on the property as a potential retirement location. His plans changed when he became a naturalized U.S. citizen. He estimates the value of the property to be $65,000, and now believes he might sell it in the future to fund his children’s education.	For Applicant	Foreign Real Estate Financial or Property Interest	India	Admitted	—	—	—
1.h	Applicant also maintains two bank accounts in India. He opened the first account with a deposit of about $100 when he was in college over 25 years ago, and because he has a sentimental attachment to the account, he is keeping it open. He estimates that he has $750 in the account. Over 15 years ago, Applicant also opened another bank account with an initial deposit of about $1,000, to enable him to transfer funds to meet his parents’ unexpected living and medical expenses, and to pay his life insurance premiums. He estimates that he has less than $10,000 in his two accounts, combined. Once his mother passes away, Applicant intends to close both bank accounts.	For Applicant	Foreign Bank Account or Investment Financial or Property Interest	India	Admitted	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant was born in 1970 in India to Indian citizen-residents. He completed his primary education and earned his bachelor’s degree in India and worked there as an intern, programmer analyst, and team leader for software development in the private sector for several years. He immigrated to the United States in September 1997, and he has resided in the United States since that time. In 1999, Applicant returned to India, and he was married there. His wife was also born to Indian citizen-residents and raised in India. Applicant returned to the United States with his wife that same year. His two daughters were born in the United States in 2002 and 2007. Applicant and his wife were naturalized as U.S. citizens in July 2010. When they became naturalized U.S. citizens, they took an oath of allegiance to the United States. That oath included the words: “I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen.” Applicant renounced his Indian citizenship and surrendered his Indian passport upon becoming naturalized, and he obtained a U.S. passport. Applicant currently possesses an Overseas Citizen of India (OCI) card, which is issued to both former and current Indian citizens.

For Applicant

Parent in Foreign Country

Immediate Family

India

Admitted

—

(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

Deep U.S. Ties

Claimed

Foreign Assets Divested

1.b

Applicant has visited India on six occasions, four of which occurred before he became a U.S. citizen: 2004, 2006 (when his mother was recovering from a prolonged illness), 2010 (when his father was hospitalized), 2010 (upon his father’s death to make funeral arrangements and grieve), 2013, and 2016. He has no plans to return to India at any time in the near future.

For Applicant

Unspecified Foreign Relationship

Other

India

Admitted

—

1.c

Applicant’s wife is a naturalized U.S. citizen residing in the United States, and his two daughters are native-born U.S. citizens residing in the United States. There appear to be no trustworthiness issues pertaining to them. His wife served as an agricultural officer with a private company in India, and, aside from being a homemaker, she is a coding auditor for a health care consultant.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

India

Admitted

—

1.d

There are five other members of Applicant’s family who remain citizen-residents of India, in areas relatively distant from publicized terrorist activities. His mother, now a widow in her 80s, was for many years a teacher and homemaker. Applicant’s sister, a woman now in her 50s with mental issues, has never worked outside the home, and she now cares for her mother. Applicant’s brother, also in his 50s, served in a non-combat, administrative position with the Indian military for 20 years before retiring, and he now works in a clerical position for a not-for-profit company furnishing aid to military retirees. Applicant’s mother-in-law, a woman in her late 60s, has never worked outside the home and, before her husband passed away, she was a homemaker. Applicant’s father-in-law was, before his death, an owner of a small manufacturing company who had been retired over a decade earlier. Applicant’s brother-in-law is a scientific officer employed by the Indian Government. Applicant’s parents, sister, and in-laws have never had any affiliation with the Indian government or intelligence service.

For Applicant

Extended Family in Foreign Country

Extended Family

India

Admitted

—

1.e

The frequency of Applicant’s ongoing telephone contacts with the members of his family is varied: with his mother several times per week; with his sister on a weekly basis; with his brother, once every two months; with his mother-in-law, once every three months; and with his brother-in-law, two or three times per year.

For Applicant

Unspecified Foreign Relationship

Other

India

Admitted

—

1.f

Applicant contends that he has strong connections to the United States, and he considers them to be stronger than his connections to India. He has made his home here and is raising his family here. He greatly values his new motherland, and he will always be loyal to the U.S. While he is morally obligated to provide support for his mother and sister in India, he stated unequivocally that his allegiance to the United States is first and foremost ahead of anything. He also noted that the value of his assets in India are negligible when compared with his more substantial assets in the U.S.

For Applicant

Unspecified Foreign Relationship

Other

India

Admitted

—

1.g

Nearly two and one-half decades ago, Applicant purchased an apartment in India for about $25,000 to provide a comfortable residence for his parents and siblings. He estimated that the current value of the apartment is $122,070. Before he became a U.S. citizen, he also purchased some undeveloped land for $42,000 with the original plan to build a house on the property as a potential retirement location. His plans changed when he became a naturalized U.S. citizen. He estimates the value of the property to be $65,000, and now believes he might sell it in the future to fund his children’s education.

For Applicant

Foreign Real Estate

Financial or Property Interest

India

Admitted

—

1.h

Applicant also maintains two bank accounts in India. He opened the first account with a deposit of about $100 when he was in college over 25 years ago, and because he has a sentimental attachment to the account, he is keeping it open. He estimates that he has $750 in the account. Over 15 years ago, Applicant also opened another bank account with an initial deposit of about $1,000, to enable him to transfer funds to meet his parents’ unexpected living and medical expenses, and to pay his life insurance premiums. He estimates that he has less than $10,000 in his two accounts, combined. Once his mother passes away, Applicant intends to close both bank accounts.

For Applicant

Foreign Bank Account or Investment

Financial or Property Interest

India

Admitted

—

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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

FOOTNOTES