Summary
The applicant, a 43-year-old naturalized U.S. citizen originally from Pakistan, sought a security clearance under Guideline B (Foreign Influence). The applicant's family ties in Pakistan raised security concerns, but he demonstrated strong connections to the U.S. and reduced contact with relatives abroad. The judge granted the clearance, finding that the applicant's loyalty to the U.S. outweighed potential foreign influence risks.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant is married to a woman who was born in, and is a citizen of, Pakistan (1.a). Applicant's parents were born in Pakistan. They immigrated to the United States in November 2003. They are retired. His father worked for a private bank in Pakistan for 35 years. His mother was a homemaker and a school principal. They became U.S. citizens in September 2009 and reside in the United States (1.b). Applicant has two brothers, who are citizens and residents of the United States. One brother became a U.S. citizen in July 2007; the other became a citizen in February 2010. Applicant has three sisters. Two sisters reside in the United States. One sister became a U.S. naturalized citizen in 2000; another sister has U.S. permanent resident alien status. His third sister is a citizen and resident of Pakistan (1.c). Applicant's father-in-law is deceased. His mother-in-law is a citizen and resident of Pakistan. His two sisters-in-law are citizens and residents of Pakistan. None of them are connected to the government or military. One of his sisters-in-law is married to a man, who works for the Pakistani Air Force (1.d). Applicant traveled to Pakistan in 2006, 2008, and twice in 2009. He went in 2006 to attend his brother’s wedding. His brother married a Pakistani woman, who now resides with him in the United States (1.e). None of his family members are aware that he has applied for a security clearance (1.f).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), AG ¶ 7(d). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b), AG ¶ 8(c). The decision turned on the following: The applicant has lived in the U.S. since 1989 and has strong family ties in the country; He credibly expressed his allegiance to the U.S. and reduced contact with relatives in Pakistan; The applicant's family members in Pakistan do not have government or military connections.
Why the Applicant Prevailed
- The applicant has lived in the U.S. since 1989 and has strong family ties in the country.
- He credibly expressed his allegiance to the U.S. and reduced contact with relatives in Pakistan.
- The applicant's family members in Pakistan do not have government or military connections.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Persons
- AG ¶ 7(d)raisedSharing Living Quarters with a Foreign National
- AG ¶ 8(a)appliedNature of Relationships with Foreign Persons
- AG ¶ 8(b)appliedMinimal Conflict of Interest
- AG ¶ 8(c)rejectedCasual and Infrequent Contact with Foreign CitizensThe applicant had frequent contact with relatives in Pakistan prior to applying for a security clearance.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedSep 10, 2010
- Answer filedOct 1, 2010
- Hearing heldJan 13, 2011Applicant testified and called witnesses.
- Decision dateMar 14, 2011
Cite For
- Evaluation of Foreign Influence Under Guideline B
- Importance of Strong U.S. Ties in Mitigating Foreign Influence
- Consideration of Reduced Contact with Foreign Relatives as a Mitigating Factor