ISCR Case 07-13232.h1

Case Headnote

ISCR Case No. 07-13232.h1

grantedMar 31, 2008· Hon. Edward W. Loughran· hearing

Summary

A 41-year-old U.S. citizen engineer, originally from India, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The allegations primarily stemmed from his family ties in India, including parents, in-laws, and one brother who are all citizens and residents of India. The applicant and his wife traveled to India four times between 2001 and 2007 to visit family and maintained regular contact with his parents. However, he provided no financial support to his family abroad, held no foreign assets, and expressed no intention of returning to India to live.

Further concerns arose from his previous possession of an Indian passport after becoming a U.S. citizen, which was canceled in 2007. He subsequently obtained Overseas Citizenship of India (OCI) status, which the U.S. State Department equates to a U.S. green card, and which did not raise a foreign preference disqualifying condition.

The judge found that the applicant successfully mitigated these concerns. He formally renounced his OCI status and surrendered his OCI card, addressing foreign preference issues. His life, family, and career are firmly established in the U.S., demonstrating strong ties and minimal conflict of interest. Ultimately, the judge concluded that his family ties in India did not pose a heightened risk of foreign exploitation or coercion, leading to the granting of his security clearance.

Why the Applicant Prevailed

The applicant formally renounced his Overseas Citizenship of India and surrendered the OCI card, mitigating foreign preference concerns.
The applicant's life, family, and career are firmly established in the U.S., indicating minimal conflict of interest with foreign ties.
The applicant's family ties to India do not create a heightened risk of foreign exploitation or coercion.

Conditions Referenced

Disqualifying

AG ¶ 10(a)raisedForeign Preference
AG ¶ 7(a)raisedForeign Influence
AG ¶ 7(b)raisedForeign Influence
AG ¶ 7(d)raisedForeign Influence

Mitigating

AG ¶ 11(b)appliedForeign Preference
AG ¶ 11(e)appliedForeign Preference
AG ¶ 8(a)appliedForeign Influence
AG ¶ 8(b)appliedForeign Influence

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedNov 26, 2007
Answer filedDec 12, 2007Applicant elected to have the case decided on the written record.
Hearing heldMar 13, 2008Hearing was convened as scheduled.
Decision dateMar 31, 2008

Cite For

Mitigation of Foreign Preference Concerns Through Renunciation of Foreign Citizenship
Consideration of Strong U.S. Ties in Foreign Influence Cases
Application of the Whole Person Concept in Security Clearance 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
2.a	Applicant’s parents are citizens and residents of India.	For Applicant	Parent in Foreign Country Immediate Family	India HEIGHTENED RISK	Unknown	(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.	—
2.b	Applicant has two brothers and a sister. One brother is a citizen and resident of the U.S. His sister is also a U.S. citizen and resident. His second brother is a citizen and resident of India.	For Applicant	Sibling in Foreign Country Immediate Family	India HEIGHTENED RISK	Unknown	(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.	—
2.c	Applicant’s mother-in-law and father-in-law are citizens and residents of India.	For Applicant	In Law in Foreign Country Immediate Family	India HEIGHTENED RISK	Unknown	(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.	—
2.d	Applicant and his wife traveled to India in 2001, 2002, 2004, and 2007, to visit their parents.	For Applicant	Unspecified Foreign Relationship Other	India HEIGHTENED RISK	Unknown	(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.	—
2.e	He talks to his parents about once or twice a month. He talks to his brother in India less frequently, about every three months.	For Applicant	Unspecified Foreign Relationship Other	India HEIGHTENED RISK	Unknown	(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.	—
2.f	He does not send financial support to his parents or in-laws.	For Applicant	Unspecified Foreign Relationship Other	India HEIGHTENED RISK	Unknown	(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.	—
2.g	He has no intention of returning to India to live.	For Applicant	Unspecified Foreign Relationship Other	India HEIGHTENED RISK	Unknown	(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.	—
2.h	He has no foreign assets.	For Applicant	Unspecified Foreign Relationship Other	India HEIGHTENED RISK	Unknown	(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.	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant’s parents are citizens and residents of India.

For Applicant

Parent in Foreign Country

Immediate Family

India

HEIGHTENED RISK

Unknown

(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.

—

2.b

Applicant has two brothers and a sister. One brother is a citizen and resident of the U.S. His sister is also a U.S. citizen and resident. His second brother is a citizen and resident of India.

For Applicant

Sibling in Foreign Country

Immediate Family

India

HEIGHTENED RISK

Unknown

(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.

—

2.c

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

For Applicant

In Law in Foreign Country

Immediate Family

India

HEIGHTENED RISK

Unknown

(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.

—

2.d

Applicant and his wife traveled to India in 2001, 2002, 2004, and 2007, to visit their parents.

For Applicant

Unspecified Foreign Relationship

Other

India

HEIGHTENED RISK

Unknown

(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.

—

2.e

He talks to his parents about once or twice a month. He talks to his brother in India less frequently, about every three months.

For Applicant

Unspecified Foreign Relationship

Other

India

HEIGHTENED RISK

Unknown

(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.

—

2.f

He does not send financial support to his parents or in-laws.

For Applicant

Unspecified Foreign Relationship

Other

India

HEIGHTENED RISK

Unknown

(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.

—

2.g

He has no intention of returning to India to live.

For Applicant

Unspecified Foreign Relationship

Other

India

HEIGHTENED RISK

Unknown

(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.

—

2.h

He has no foreign assets.

For Applicant

Unspecified Foreign Relationship

Other

India

HEIGHTENED RISK

Unknown

(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.

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant continued to possess an Indian passport after becoming a U.S. citizen, but he never used it. India does not recognize dual citizenship, and the passport was cancelled in 2007, when Applicant obtained OCI status. AG ¶ 10(a) was applicable while the passport was valid.	For Applicant	Foreign Passport Possession or Use	Unknown	—	(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	—
1.b	Applicant was subsequently granted status as an Overseas Citizen of India. Despite the misnomer, this is not citizenship. The U.S. State Department equated it to a U.S. green card. No Foreign Preference disqualifying condition has been raised by Applicant’s OCI status.	For Applicant	Foreign Citizenship Acquisition or Application	Unknown	—	(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant continued to possess an Indian passport after becoming a U.S. citizen, but he never used it. India does not recognize dual citizenship, and the passport was cancelled in 2007, when Applicant obtained OCI status. AG ¶ 10(a) was applicable while the passport was valid.

For Applicant

Foreign Passport Possession or Use

Unknown

—

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

—

1.b

Applicant was subsequently granted status as an Overseas Citizen of India. Despite the misnomer, this is not citizenship. The U.S. State Department equated it to a U.S. green card. No Foreign Preference disqualifying condition has been raised by Applicant’s OCI status.

For Applicant

Foreign Citizenship Acquisition or Application

Unknown

—

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

—

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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