Summary
A 26-year-old U.S. citizen, born in Pakistan, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited his application for a Pakistani identification card and potential risks stemming from contact with foreign family members, connections to a foreign country, and sharing living quarters with individuals that could create foreign inducement or manipulation.
Disqualifying conditions related to foreign influence and preference were raised. However, the applicant had relinquished his Pakistani identity card and expressed a willingness to renounce any remaining ties to Pakistan. His family members in Pakistan were not involved in military or terrorist activities and were in the process of immigrating to the U.S.
The judge determined that the applicant's relationships with his family in Pakistan did not pose a significant security risk, noting his strong ties to the U.S., where he had lived for most of his life. Mitigating conditions were applied, leading to the decision to grant the security clearance.
Why the Applicant Prevailed
- The applicant relinquished his Pakistani identity card and expressed willingness to renounce any remaining ties to Pakistan.
- His family members in Pakistan are not involved in military service or terrorist activities and are in the process of immigrating to the U.S.
- The applicant has strong ties to the U.S. and has lived there for most of his life.
Conditions Referenced
- AG ¶ 10(b)raisedAction to Acquire or Obtain Recognition of a Foreign Citizenship by an American Citizen.
- AG ¶ 7(a)raisedContact with a Foreign Family Member, Business or Professional Associate, Friend, or Other Person Who Is a Citizen of or Resident in a Foreign Country.
- AG ¶ 7(b)raisedConnection to a Foreign Person, Group, Government, or Country That Creates a Potential Conflict of Interest.
- AG ¶ 7(d)raisedSharing Living Quarters with a Person or Persons, Regardless of Citizenship Status, If That Relationship Creates a Heightened Risk of Foreign Inducement, Manipulation, Pressure or Coercion.
- AG ¶ 11(c)appliedExercise of the Rights, Privileges, or Obligations of Foreign Citizenship Occurred Before the Individual Became a U.S. Citizen or When the Individual Was a Minor.
- AG ¶ 8(a)appliedThe Nature of the Relationships with Foreign Persons Is Such That It Is Unlikely the Individual Will Be Placed in a Position of Having to Choose Between the Interests of a Foreign Individual and the Interests of the U.S.
- AG ¶ 8(c)appliedContact or Communication with Foreign Citizens Is so Casual and Infrequent That There Is Little Likelihood That It Could Create a Risk for Foreign Influence or Exploitation.
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of the national security.”
Procedural Posture
- SOR issuedFeb 22, 2016
- Answer filedMar 29, 2016
- Hearing heldSep 7, 2016record remained open until September 21, 2016
- Decision dateDec 5, 2016
Cite For
- Mitigation of Foreign Preference Under AG ¶ 11(c) for Actions Taken Before Age 18
- Consideration of Familial Ties Under Guideline B and Their Impact on Security Clearance
- The Importance of Relinquishing Foreign Identity Documents in Security Clearance Cases