Summary
A 36-year-old U.S. citizen, originally from Pakistan, was granted a security clearance despite concerns under Guideline B (Foreign Influence) due to his extensive family ties in Pakistan. The applicant has served as a government contractor in Afghanistan for nearly seven years, directly supporting U.S. national security efforts.
The Statement of Reasons detailed that his mother, two brothers, and three sisters, along with their spouses, are resident-citizens of Pakistan. One brother is a Pakistani military officer in a civil engineering unit, and the other works for a private cell phone company, having previously contracted for the Pakistani government. Two sisters work for local schools, and the third, married to a cell phone company employee, does not work outside the home. The applicant maintains regular contact with one sister for updates on his mother. His fourth sister is a U.S. citizen living in the U.S. with her U.S. citizen husband, who also holds a security clearance and works as a government contractor in Afghanistan. The applicant also has a childhood friend in Pakistan whose profession is unclear, and a NATO contract barber from Country Y in Afghanistan. He reported no expected inheritance from his grandmothers or mother. Additionally, he repaid a significant loan from a U.S. citizen cousin and recently lent the cousin approximately $15,000.
The judge found that the applicant mitigated the foreign influence concerns, citing his strong commitment to U.S. national security through his work in Afghanistan and his transparency in reporting his family ties. His actions in support of U.S. troops were deemed to outweigh the foreign influence concerns, leading to the clearance being granted.
Why the applicant prevailed
- The applicant demonstrated a strong commitment to U.S. national security through his work in Afghanistan.
- He maintained transparency about his family ties in Pakistan and reported them in his security clearance application.
- The applicant's actions in support of U.S. troops were deemed to outweigh the foreign influence concerns.
Conditions referenced
- AG ¶ 6(a)raisedForeign Influence
- AG ¶ 8(a)appliedThe Nature of the Applicant's Service and the Potential for Foreign Influence Are Mitigated by His Long-term Employment in a Critical Role Supporting U.S. Interests.
- AG ¶ 8(b)appliedThe Applicant's Family Ties Do Not Pose a Risk to National Security Due to His Demonstrated Loyalty and Commitment to the U.S.
Key rule quoted
“The administrative judge’s overarching adjudicative goal is a fair, impartial, and commonsense decision.”
Procedural posture
- SOR issuedMay 19, 2011
- Answer filedSep 26, 2011
- Hearing heldSep 1, 2011Hearing conducted with applicant present.
- Decision dateJan 27, 2012
Cite for
- Mitigation of Foreign Influence Concerns Under Guideline B
- Importance of Service to U.S. National Security in Clearance Decisions
- Consideration of Familial Ties in Security Clearance Evaluations