Summary
The applicant, a 68-year-old corporate engineer and naturalized U.S. citizen, faced security concerns under Guideline B due to foreign influence from family members in Pakistan. The judge found that the applicant's limited contact with his foreign relatives and his long-standing ties to the U.S. mitigated the concerns, leading to a decision to grant security clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant’s brother is a citizen of Pakistan, but lives in Saudi Arabia. He works for a “concrete company.” He contacts his brother “a couple of times a year when the Eid . . . [occurs] - - Eid is like Christmas . . . when you slaughter the goat for Abraham.” He also calls him another couple of times a year, just to keep in touch (1.a). Applicant’s sister is a citizen and resident of Pakistan. She is “a housewife.” Like with his brother, Applicant’s contacts with her are limited to Eid, and to keep in touch, about 3~4 times a year (1.b). Applicant’s five brothers-in-law are citizens and residents of Pakistan. He has limited contact with three of them who “are architects,” and no connection with the other two (1.c). Applicant’s sister-in-law is now a citizen and resident of the United States (1.d). Applicant’s daughter is a citizen and resident of the United States (1.e). In 1979, about 38 years ago, Applicant was employed for four months by the Pakistan Atomic Energy Commission. He “was responsible for [the] Electronics Lab. . . . basically all . . . [he] did was fix computers - - broken computer systems.” He left as he saw “no future” in it, as he “wanted to be an Electronics Design Engineer.” (1.f).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b). The decision turned on the following: The applicant has been a U.S. citizen since 1987 and has lived in the U.S. since 1982; The applicant's contact with foreign relatives is infrequent, occurring only a few times a year; The applicant demonstrated strong ties and loyalty to the U.S., mitigating any potential foreign influence.
Why the Applicant Prevailed
- The applicant has been a U.S. citizen since 1987 and has lived in the U.S. since 1982.
- The applicant's contact with foreign relatives is infrequent, occurring only a few times a year.
- The applicant demonstrated strong ties and loyalty to the U.S., mitigating any potential foreign influence.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Persons
- AG ¶ 8(a)appliedNature of Relationships with Foreign Persons
- AG ¶ 8(b)appliedNo Conflict of Interest Due to Strong U.S. Ties
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJun 10, 2016
- Answer filedJul 12, 2016
- Hearing heldSep 28, 2016
- Decision dateDec 14, 2016
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Importance of U.S. Citizenship and Long-term Residency in Security Clearance Decisions
- Limited Foreign Contacts as a Mitigating Factor in Security Clearance Evaluations