ISCR Case 10-08776.h1

Case Headnote

ISCR Case No. 10-08776.h1

grantedMay 11, 2011· Hon. Carol G. Ricciardello· hearing

Summary

A 55-year-old male applicant, who immigrated from India, was granted a security clearance despite concerns under Guideline B (Foreign Influence). The Statement of Reasons detailed several foreign ties, including parents, a mother-in-law, two sisters, and a brother who are all citizens and residents of India. The applicant provided financial support to his parents and held approximately $87,000 in Indian bank certificates of deposit, in addition to owning an ancestral home in India. He had also traveled to India annually or biennially between 1997 and 2009 as part of his U.S. government employment compensation.

Disqualifying conditions related to foreign financial interests and family ties were raised. However, the applicant demonstrated strong mitigating factors. He had a 24-year career with the U.S. government, including service at the U.S. embassy in Country X during military operations, and provided numerous letters of appreciation from high-ranking U.S. officials. He became a U.S. citizen, formally renounced his Indian citizenship, and voted in U.S. elections, never having voted in India.

The judge determined that the applicant's long history of loyalty and service to the U.S., coupled with his commitment to transferring his Indian financial interests to the U.S. upon maturity, effectively mitigated the foreign influence concerns. The security clearance was therefore granted.

Why the Applicant Prevailed

The applicant has a long history of loyalty and service to the U.S. government, working for 24 years at the U.S. embassy in Country X.
He became a U.S. citizen and formally renounced his Indian citizenship, demonstrating a commitment to the U.S.
The applicant's financial interests in India are managed with the intent to transfer them to the U.S. upon maturity, indicating no intent to return to India.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons
AG ¶ 7(d)notedSharing Living Quarters with Foreign Persons
AG ¶ 7(e)raisedSubstantial Business or Financial Interests in a Foreign Country

Mitigating

AG ¶ 8(a)appliedNature of Relationship with Foreign Persons
AG ¶ 8(b)appliedMinimal Conflict of Interest
AG ¶ 8(c)rejectedCasual and Infrequent Contact with Foreign CitizensThe applicant's relationship with his parents and mother-in-law is more than casual.
AG ¶ 8(f)appliedRoutine Nature of Foreign Financial Interests

Key Rule Quoted

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

Procedural Posture

SOR issuedFeb 9, 2011
Answer filedMar 2, 2011
Hearing heldApr 20, 2011
Decision dateMay 11, 2011

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Long-term Loyalty to the U.S. in Security Clearance Decisions
Consideration of Family Ties and Financial Interests in Foreign Countries

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 parents are citizens and residents of India. He provides about $150 to $200 in support to them every three to four months.	For Applicant	Parent in Foreign Country Immediate Family	India HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	(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.	Credited Deep U.S. Ties
1.b	Applicant has certificates of deposit worth about $87,000 in Indian banks and owns the ancestral home.	For Applicant	Foreign Bank Account or Investment Financial or Property Interest	India HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	(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.	Credited Deep U.S. Ties
1.c	Applicant's mother-in-law is a citizen and resident of India. She is 77 years old and a homemaker.	For Applicant	In Law in Foreign Country Immediate Family	India HEIGHTENED RISK	Admitted	(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.	Credited Deep U.S. Ties
1.d	Applicant has two sisters, who are citizens of India, and both live in Country X. They are both married.	For Applicant	Sibling in Foreign Country Extended Family	India HEIGHTENED RISK	Admitted	(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.	Credited Deep U.S. Ties
1.e	Applicant has a brother who is a citizen and resident of India. He served in the Indian Coast Guard and retired 30 years ago. He receives a pension for his military service.	For Applicant	Sibling in Foreign Country Immediate Family	India HEIGHTENED RISK	Admitted	(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.	Credited Deep U.S. Ties
1.f	Applicant has a substantial business, financial, or property interest in a foreign country, or in any foreign-owned or foreign operated business, which could subject the individual to heightened risk of foreign influence or exploitation.	For Applicant	Foreign Real Estate Financial or Property Interest	India HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	(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.	Credited Deep U.S. Ties
1.g	Applicant has traveled to India about once a year or at times every other year from 1997 to 2009. It was part of his employment compensation package with the United States government.	For Applicant	Unspecified Foreign Relationship Other	India HEIGHTENED RISK	Admitted	(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.	Credited Deep U.S. Ties
1.h	Applicant has never voted in Indian elections. He voted for the first time in a U.S. election after he became a U.S. citizen.	For Applicant	Unspecified Foreign Relationship Other	India HEIGHTENED RISK	Admitted	(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.	Credited Deep U.S. Ties
1.i	Applicant has worked for the U.S. embassy in Country X during combat military operations that were being conducted in the region.	For Applicant	Unspecified Foreign Relationship Other	India HEIGHTENED RISK	Admitted	(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.	Credited Deep U.S. Ties
1.j	Applicant has provided numerous letters of appreciation from then Vice President George H. W. Bush, Ambassadors, General Officers, and other high ranking officials.	For Applicant	Unspecified Foreign Relationship Other	India HEIGHTENED RISK	Admitted	(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.	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's parents are citizens and residents of India. He provides about $150 to $200 in support to them every three to four months.

For Applicant

Parent in Foreign Country

Immediate Family

India

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

(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.

Credited

Deep U.S. Ties

1.b

Applicant has certificates of deposit worth about $87,000 in Indian banks and owns the ancestral home.

For Applicant

Foreign Bank Account or Investment

Financial or Property Interest

India

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

(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.

Credited

Deep U.S. Ties

1.c

Applicant's mother-in-law is a citizen and resident of India. She is 77 years old and a homemaker.

For Applicant

In Law in Foreign Country

Immediate Family

India

HEIGHTENED RISK

Admitted

(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.

Credited

Deep U.S. Ties

1.d

Applicant has two sisters, who are citizens of India, and both live in Country X. They are both married.

For Applicant

Sibling in Foreign Country

Extended Family

India

HEIGHTENED RISK

Admitted

(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.

Credited

Deep U.S. Ties

1.e

Applicant has a brother who is a citizen and resident of India. He served in the Indian Coast Guard and retired 30 years ago. He receives a pension for his military service.

For Applicant

Sibling in Foreign Country

Immediate Family

India

HEIGHTENED RISK

Admitted

(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.

Credited

Deep U.S. Ties

1.f

Applicant has a substantial business, financial, or property interest in a foreign country, or in any foreign-owned or foreign operated business, which could subject the individual to heightened risk of foreign influence or exploitation.

For Applicant

Foreign Real Estate

Financial or Property Interest

India

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

(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.

Credited

Deep U.S. Ties

1.g

Applicant has traveled to India about once a year or at times every other year from 1997 to 2009. It was part of his employment compensation package with the United States government.

For Applicant

Unspecified Foreign Relationship

Other

India

HEIGHTENED RISK

Admitted

(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.

Credited

Deep U.S. Ties

1.h

Applicant has never voted in Indian elections. He voted for the first time in a U.S. election after he became a U.S. citizen.

For Applicant

Unspecified Foreign Relationship

Other

India

HEIGHTENED RISK

Admitted

(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.

Credited

Deep U.S. Ties

1.i

Applicant has worked for the U.S. embassy in Country X during combat military operations that were being conducted in the region.

For Applicant

Unspecified Foreign Relationship

Other

India

HEIGHTENED RISK

Admitted

(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.

Credited

Deep U.S. Ties

1.j

Applicant has provided numerous letters of appreciation from then Vice President George H. W. Bush, Ambassadors, General Officers, and other high ranking officials.

For Applicant

Unspecified Foreign Relationship

Other

India

HEIGHTENED RISK

Admitted

(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.

Credited

Deep U.S. Ties

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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