ISCR Case 08-10438.h1

Case Headnote

ISCR Case No. 08-10438.h1

grantedSep 29, 2009· Hon. Thomas M. Crean· hearing

Summary

A 44-year-old U.S. citizen, originally from India, was granted a security clearance despite concerns under Guideline B (Foreign Influence) due to extensive family ties in India. The Statement of Reasons detailed that the applicant's mother, father, three sisters, and one brother are Indian citizens and residents, with another brother residing in Singapore. The applicant communicates with his parents monthly and sends them approximately $500 annually for medical expenses.

Further allegations included that the applicant's father-in-law and brothers-in-law are Indian citizens and residents. The applicant and his family travel to India every two years to visit relatives, staying with family during these trips. The applicant also holds financial investments in both the U.S. and India, and he and his wife own two residential properties and shares in an Indian computer software company. His wife also communicates with her family in India monthly, and the family maintains close relationships with their Indian relatives.

Despite these connections, the judge found that the applicant's strong ties to the United States, including his children's immersion in American culture, mitigated the security concerns. The decision highlighted that the applicant's family members in India did not pose a heightened risk of foreign exploitation or coercion, and the applicant demonstrated loyalty to the U.S. and provided evidence of a positive reputation and community involvement.

Why the Applicant Prevailed

The applicant demonstrated strong ties to the United States, including citizenship and family integration into American culture.
The applicant's family members in India do not pose a heightened risk of foreign exploitation or coercion due to the nature of their relationships and the applicant's loyalty to the U.S.
The applicant provided substantial evidence of his positive reputation and community involvement, which supported his case for security clearance.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with a Foreign Family Member
AG ¶ 7(b)raisedConnections to a Foreign Person
AG ¶ 7(d)raisedSharing Living Quarters with a Foreign Person
AG ¶ 7(e)raisedSubstantial Business Interest in a Foreign Country

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons
AG ¶ 8(b)appliedNo Conflict of Interest Due to Minimal Loyalty

Key Rule Quoted

“The mere existence of foreign family members is not sufficient to raise the above disqualifying conditions.”

Procedural Posture

SOR issuedJun 10, 2009
Answer filedJun 23, 2009
Hearing heldAug 20, 2009
Decision dateSep 29, 2009

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Strong U.S. Ties in Security Clearance Cases
Evaluation of Family Relationships in the Context of National Security Risks

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's mother, father, three sisters, and a brother are citizens and residents of India. His other brother is a citizen of India but resides in Singapore.	For Applicant	Parent in Foreign Country Immediate Family	India	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.b	Applicant talks to his parents by telephone about once or twice a month.	For Applicant	Parent in Foreign Country Immediate Family	India	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.c	Applicant sends his parents about $500 per year to assist with their medical expenses.	For Applicant	Financial Support to Foreign Relative Immediate Family	India	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.d	Applicant's father-in-law is a resident and citizen of India and is a retired vegetable vendor.	For Applicant	In Law in Foreign Country Immediate Family	India	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.e	Applicant's brothers-in-law are citizens and residents of India.	For Applicant	In Law in Foreign Country Immediate Family	India	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.f	Applicant and his family make trips to India every two years to see their family.	For Applicant	Unspecified Foreign Relationship Immediate Family	India	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.g	Applicant has financial investments in both the United States and India.	For Applicant	Foreign Real Estate Financial or Property Interest	India	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.h	Applicant and his wife own two residential properties and shares in a computer software company in India.	For Applicant	Foreign Real Estate Financial or Property Interest	India	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.i	Applicant's wife talks to her family in India about once or twice a month.	For Applicant	In Law in Foreign Country Immediate Family	India	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.j	Applicant's family has gone to India every two years and stays with his or his wife's family when they visit.	For Applicant	Unspecified Foreign Relationship Immediate Family	India	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.k	Applicant's family has a close family relationship with their relatives in India.	For Applicant	Unspecified Foreign Relationship Immediate Family	India	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.l	Applicant's children are completely immersed in the American culture.	For Applicant	Unspecified Foreign Relationship Immediate Family	India	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's mother, father, three sisters, and a brother are citizens and residents of India. His other brother is a citizen of India but resides in Singapore.

For Applicant

Parent in Foreign Country

Immediate Family

India

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

1.b

Applicant talks to his parents by telephone about once or twice a month.

For Applicant

Parent in Foreign Country

Immediate Family

India

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

1.c

Applicant sends his parents about $500 per year to assist with their medical expenses.

For Applicant

Financial Support to Foreign Relative

Immediate Family

India

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

1.d

Applicant's father-in-law is a resident and citizen of India and is a retired vegetable vendor.

For Applicant

In Law in Foreign Country

Immediate Family

India

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

1.e

Applicant's brothers-in-law are citizens and residents of India.

For Applicant

In Law in Foreign Country

Immediate Family

India

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

1.f

Applicant and his family make trips to India every two years to see their family.

For Applicant

Unspecified Foreign Relationship

Immediate Family

India

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

1.g

Applicant has financial investments in both the United States and India.

For Applicant

Foreign Real Estate

Financial or Property Interest

India

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

1.h

Applicant and his wife own two residential properties and shares in a computer software company in India.

For Applicant

Foreign Real Estate

Financial or Property Interest

India

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

1.i

Applicant's wife talks to her family in India about once or twice a month.

For Applicant

In Law in Foreign Country

Immediate Family

India

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

1.j

Applicant's family has gone to India every two years and stays with his or his wife's family when they visit.

For Applicant

Unspecified Foreign Relationship

Immediate Family

India

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

1.k

Applicant's family has a close family relationship with their relatives in India.

For Applicant

Unspecified Foreign Relationship

Immediate Family

India

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

1.l

Applicant's children are completely immersed in the American culture.

For Applicant

Unspecified Foreign Relationship

Immediate Family

India

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

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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