Summary
The applicant, a 62-year-old linguist and naturalized U.S. citizen originally from Pakistan, faced security clearance denial under Guideline B (Foreign Influence) and Guideline C (Foreign Preference) due to his close family ties in Pakistan, including a son and two sisters who are citizens and residents there, and his retention of a valid Pakistani passport. The judge found that these factors created a potential for foreign influence and exploitation, leading to the denial of the security clearance.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Applicant’s father is a citizen and resident of Pakistan (1.a). Applicant’s brother is a citizen and resident of Pakistan (1.b). Applicant’s brother is a citizen and resident of Canada (1.c). Applicant’s wife is a citizen and resident of Pakistan (1.d). Applicant’s wife owned real property in Pakistan (1.e). Applicant’s son is a citizen and resident of Pakistan (1.f). Applicant has a Pakistani passport that he has not surrendered (1.g). Applicant holds a Pakistani passport that expired September 2012 (2.a). Applicant has not renounced his Pakistani citizenship (2.b).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b), AG ¶ 8(c). The decision turned on the following: The applicant has close family ties in Pakistan, including a son and two sisters who are citizens and residents there; The applicant retains a valid Pakistani passport, which raises concerns about foreign influence and potential exploitation; The applicant's contacts with family members in Pakistan create a heightened risk of foreign pressure or coercion.
Why the Applicant Was Denied
- The applicant has close family ties in Pakistan, including a son and two sisters who are citizens and residents there.
- The applicant retains a valid Pakistani passport, which raises concerns about foreign influence and potential exploitation.
- The applicant's contacts with family members in Pakistan create a heightened risk of foreign pressure or coercion.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to a Foreign Country Creating Potential Conflict of Interest
- AG ¶ 8(a)rejectedNature of Relationships with Foreign PersonsThe applicant's relationships with family members in Pakistan do not mitigate the security concerns.
- AG ¶ 8(b)rejectedNo Conflict of Interest Due to Minimal LoyaltyThe applicant's ties to Pakistan are significant enough to raise concerns.
- AG ¶ 8(c)rejectedCasual and Infrequent Contact with Foreign CitizensThe applicant's regular communication with family members in Pakistan is not casual or infrequent.
Key Rule Quoted
“The protection of the interests of security is the paramount consideration.”
Procedural Posture
- SOR issuedAug 1, 2012
- Answer filedAug 31, 2012Applicant did not request a hearing.
- Hearing heldDec 3, 2012Hearing convened 13 days after notice.
- Decision dateFeb 25, 2013
Cite For
- Foreign Influence Due to Family Ties Under Guideline B
- Foreign Preference Concerns Related to Possession of a Foreign Passport Under Guideline C
- Impact of Regular Communication with Foreign Relatives on Security Clearance Eligibility