ISCR Case 12-00722.h1

Case Headnote

ISCR Case No. 12-00722.h1

grantedJul 3, 2013· Hon. Noreen A. Lynch· hearing

Summary

A 40-year-old naturalized U.S. citizen, originally from India, was granted eligibility for access to sensitive information despite concerns under Guideline B (Foreign Influence). The applicant's family ties in India were the primary focus, including his mother, who is an Indian citizen and resident and for whom he is sponsoring U.S. permanent residency. His brother, also an Indian citizen and resident, is employed by the Indian Government as a postal worker. Other family members in India include a sister, brother-in-law, mother-in-law, and father-in-law.

Additional concerns included the applicant's ownership of an apartment in India, valued at approximately $55,000, which he is in the process of selling. He previously held a foreign national bank account in India to pay the mortgage, which has since been closed. He also maintains another Indian account used by his mother for medical and living expenses. The applicant possesses an OCI card, described as a visitor visa without expiration or travel limitations.

Despite these factors, the judge found that the applicant's strong ties to the U.S. and lack of foreign influence mitigated the concerns. The applicant renounced his Indian citizenship and surrendered his Indian passport. His immediate family, including his wife and son, are U.S. citizens, and he has established professional and personal roots in the United States since arriving in 1998. The applicant demonstrated a commitment to U.S. interests, has been a productive member of society, and has provided service to the U.S. Government through his work with government contractors. He credibly stated he would immediately contact his facility security officer if he or his family faced pressure.

Why the Applicant Prevailed

The applicant is a naturalized U.S. citizen who renounced his Indian citizenship and surrendered his Indian passport.
The applicant's immediate family, including his wife and son, are U.S. citizens, establishing strong ties to the U.S.
The applicant demonstrated a commitment to U.S. interests and has been a productive member of society.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with a Foreign Family Member
AG ¶ 7(b)raisedConnections to a Foreign Person That Create a Potential Conflict of Interest
AG ¶ 7(d)raisedSharing Living Quarters with a Foreign National
AG ¶ 7(e)raisedSubstantial Business or Financial Interest in a Foreign Country

Mitigating

AG ¶ 8(b)appliedNo Conflict of Interest Due to Strong U.S. Ties

Key Rule Quoted

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

Procedural Posture

SOR issuedDec 13, 2012
Answer filed—
Hearing heldMay 21, 2013
Decision dateJul 3, 2013

Cite For

Mitigating Factors Related to Foreign Influence Under Guideline B
Importance of U.S. Citizenship in Mitigating Foreign Influence Concerns
Consideration of Family Ties in Security Clearance Decisions

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 is a citizen and resident of India. His mother is ill and Applicant’s brother lives with her. Applicant is sponsoring his mother so she can become a permanent resident of the United States.	For Applicant	Parent in Foreign Country Immediate Family	India HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Deep U.S. Ties
1.b	Applicant’s brother (R) is employed with the Indian Government as a postal worker. He is a citizen and resident of India. Applicant’s brother lives with his mother.	For Applicant	Sibling in Foreign Country Immediate Family GOVT-AFFILIATED	India HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Deep U.S. Ties
1.c	Applicant’s sister is a citizen and resident of India. She lives a great distance from Applicant’s mother. Applicant has seen her twice in the last ten years.	For Applicant	Sibling in Foreign Country Extended Family	India HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Deep U.S. Ties
1.d	Applicant’s brother-in-law (married to his sister) is a citizen and resident of India. He is a machine labor worker for a factory.	For Applicant	In Law in Foreign Country Extended Family	India HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Deep U.S. Ties
1.e	Applicant’s mother-in-law and father-in-law are citizens and residents of India. His father-in-law is a farmer in a small town. His mother-in-law is a homemaker.	For Applicant	In Law in Foreign Country Extended Family	India HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Deep U.S. Ties
1.f	In 2003, before obtaining his U.S. citizenship, Applicant bought an apartment in India. It is a small property of approximately $55,000 value. He no longer owes the mortgage lender. He is in the process of selling the property.	For Applicant	Foreign Real Estate Financial or Property Interest	India HEIGHTENED RISK	Denied	(e) shared living quarters creating a heightened risk	(e) promptly complied with reporting requirements	Claimed Foreign Assets Divested
1.g	Applicant has a foreign national bank account in India. The money in the account paid the mortgage each month, but he has closed the account. He also has an account that his mother uses for some medical and living expenses.	For Applicant	Foreign Bank Account or Investment Financial or Property Interest	India HEIGHTENED RISK	Denied	(e) shared living quarters creating a heightened risk	(e) promptly complied with reporting requirements	Claimed Foreign Assets Divested
1.h	Applicant admits he has an OCI card. He was credible explaining that the card is in essence a visitor visa with no expiration date and no limitations on how frequently he can travel to India.	For Applicant	Unspecified Foreign Relationship Other	India HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Deep U.S. Ties
1.i	Applicant and his wife own a home in the United States. His net worth is approximately $348,000. He and his wife have savings and retirement accounts in the United States.	For Applicant	Unspecified Foreign Relationship Financial or Property Interest	—	Admitted	—	—	Documented Deep U.S. Ties
1.j	Applicant explained at the hearing that he came to the United States in 1998 to work after completing his education. As soon as he and his wife were eligible, they became U.S. citizens and they embrace their U.S. citizenship.	For Applicant	Unspecified Foreign Relationship Other	—	Admitted	—	—	Documented Deep U.S. Ties
1.k	Applicant has roots in the United States both professionally and personally. His wife and children are with him in the United States. He feels blessed to be in the United States and has been a productive part of the society.	For Applicant	Unspecified Foreign Relationship Other	—	Admitted	—	—	Documented Deep U.S. Ties
1.l	Applicant has provided service to the U.S. Government through his work with government contractors. Applicant was credible when he explained that, in the unlikely situation that there would be pressure on him or his family, he would immediately contact his facility security officer.	For Applicant	Unspecified Foreign Relationship Other	—	Admitted	—	—	Documented Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s mother is a citizen and resident of India. His mother is ill and Applicant’s brother lives with her. Applicant is sponsoring his mother so she can become a permanent resident of the United States.

For Applicant

Parent in Foreign Country

Immediate Family

India

HEIGHTENED RISK

Denied

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Deep U.S. Ties

1.b

Applicant’s brother (R) is employed with the Indian Government as a postal worker. He is a citizen and resident of India. Applicant’s brother lives with his mother.

For Applicant

Sibling in Foreign Country

Immediate Family

GOVT-AFFILIATED

India

HEIGHTENED RISK

Denied

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Deep U.S. Ties

1.c

Applicant’s sister is a citizen and resident of India. She lives a great distance from Applicant’s mother. Applicant has seen her twice in the last ten years.

For Applicant

Sibling in Foreign Country

Extended Family

India

HEIGHTENED RISK

Denied

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Deep U.S. Ties

1.d

Applicant’s brother-in-law (married to his sister) is a citizen and resident of India. He is a machine labor worker for a factory.

For Applicant

In Law in Foreign Country

Extended Family

India

HEIGHTENED RISK

Denied

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Deep U.S. Ties

1.e

Applicant’s mother-in-law and father-in-law are citizens and residents of India. His father-in-law is a farmer in a small town. His mother-in-law is a homemaker.

For Applicant

In Law in Foreign Country

Extended Family

India

HEIGHTENED RISK

Denied

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Deep U.S. Ties

1.f

In 2003, before obtaining his U.S. citizenship, Applicant bought an apartment in India. It is a small property of approximately $55,000 value. He no longer owes the mortgage lender. He is in the process of selling the property.

For Applicant

Foreign Real Estate

Financial or Property Interest

India

HEIGHTENED RISK

Denied

(e) shared living quarters creating a heightened risk

(e) promptly complied with reporting requirements

Claimed

Foreign Assets Divested

1.g

Applicant has a foreign national bank account in India. The money in the account paid the mortgage each month, but he has closed the account. He also has an account that his mother uses for some medical and living expenses.

For Applicant

Foreign Bank Account or Investment

Financial or Property Interest

India

HEIGHTENED RISK

Denied

(e) shared living quarters creating a heightened risk

(e) promptly complied with reporting requirements

Claimed

Foreign Assets Divested

1.h

Applicant admits he has an OCI card. He was credible explaining that the card is in essence a visitor visa with no expiration date and no limitations on how frequently he can travel to India.

For Applicant

Unspecified Foreign Relationship

Other

India

HEIGHTENED RISK

Denied

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Deep U.S. Ties

1.i

Applicant and his wife own a home in the United States. His net worth is approximately $348,000. He and his wife have savings and retirement accounts in the United States.

For Applicant

Unspecified Foreign Relationship

Financial or Property Interest

—

Admitted

—

Documented

Deep U.S. Ties

1.j

Applicant explained at the hearing that he came to the United States in 1998 to work after completing his education. As soon as he and his wife were eligible, they became U.S. citizens and they embrace their U.S. citizenship.

For Applicant

Unspecified Foreign Relationship

Other

—

Admitted

—

Documented

Deep U.S. Ties

1.k

Applicant has roots in the United States both professionally and personally. His wife and children are with him in the United States. He feels blessed to be in the United States and has been a productive part of the society.

For Applicant

Unspecified Foreign Relationship

Other

—

Admitted

—

Documented

Deep U.S. Ties

1.l

Applicant has provided service to the U.S. Government through his work with government contractors. Applicant was credible when he explained that, in the unlikely situation that there would be pressure on him or his family, he would immediately contact his facility security officer.

For Applicant

Unspecified Foreign Relationship

Other

—

Admitted

—

Documented

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