Loading case…

Summary

The applicant, a 50-year-old naturalized U.S. citizen originally from Pakistan, sought a security clearance under Guidelines B (Foreign Influence) and F (Financial Considerations). While he successfully mitigated financial concerns by demonstrating a frugal lifestyle and responsible financial management, he failed to mitigate foreign influence concerns due to his strong ties to family members in Pakistan, a country identified as a terrorist safe haven. Consequently, his application for a security clearance was denied.

Under Guideline B (Foreign Influence) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant’s relationship with his wife, a citizen of Pakistan, triggers the issue of whether AG ¶ 7(d), “sharing living quarters with a person or persons, regardless of citizenship status, if that relationship creates a heightened risk of foreign inducement, manipulation, pressure, or coercion,” applies (1.a). Pakistan’s status as a terrorist safe haven, together with the existence of elements within Pakistan’s intelligence services that are actively aiding groups conducting military operations against U.S. troops generates the application of AG ¶ 7(a) “contact with a foreign family member, business or professional associate, friend, or other person who is a citizen of or resident in a foreign country if that contact creates a risk of foreign exploitation, inducement, manipulation, or coercion,” vis a vis Applicant’s remaining relatives who live in Pakistan (1.b). With the exception of one sister and Applicant’s parents-in-law, whom he talks to once per month, Applicant’s contact with his relatives in Pakistan is infrequent. However, the infrequency of Applicant’s contact is not sufficient to trigger AG ¶ 8(c) (1.c). Applicant has been living in the United States for more than 20 years. However, his immediate family just immigrated to the United States six years ago. Moreover, he did not testify about any longstanding relationships with anyone in the United States (1.d). The marital status of Applicant’s other brothers is unknown from the record. Applicant’s brother living in the UAE is a chauffeur. Applicant last visited him in 2013 (1.e). Applicant has three sisters. They are all homemakers, and they all live in Pakistan. S1 and her husband are the parents of Applicant’s son-in-law. S1's husband is a wholesale grocer. Applicant talks with S1 approximately once per month (1.f). In 2007, Applicant gave his family members living in Pakistan a total of $20,000 (2.a).

The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 19(h). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b), AG ¶ 8(c). The decision turned on the following: Applicant's strong ties to family in Pakistan, a country identified as a terrorist safe haven, raised foreign influence concerns; The depth of Applicant's commitment to his relatives in Pakistan created a vulnerability to coercion.

Why the Applicant Prevailed

• Applicant mitigated financial concerns by living frugally and managing his finances responsibly.

Conditions Referenced

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”

Procedural Posture

• SOR issuedSep 20, 2012
• Answer filedNov 5, 2012
• Hearing heldApr 9, 2013Rescheduled due to technical difficulties.
• Decision dateMay 8, 2013

Cite For

• Mitigation of Financial Considerations Under Guideline F
• Foreign Influence Concerns Related to Family Ties in a Terrorist Safe Haven
• Impact of Familial Financial Support on Security Clearance Eligibility