ISCR Case 12-03718.h1

Case Headnote

ISCR Case No. 12-03718.h1

grantedApr 11, 2013· Hon. Francisco Mendez· hearing

Summary

A 48-year-old U.S. citizen, originally from India, was granted a security clearance after addressing concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons highlighted that the applicant's immediate and extended family members are Indian citizens residing in India. While the applicant expressed a desire for more frequent travel to India to visit family, he had curtailed such trips due to anticipated college expenses for his children. It was also noted that he had never voted in Indian elections.

Initial concerns included the applicant's possession of a current Indian passport and the potential for foreign influence due to substantial business, financial, or property interests in a foreign country. However, the applicant clarified that he had no other foreign property or financial interests, and his net worth, including his home and numerous U.S. investments, exceeded one million dollars.

The clearance was granted because the applicant demonstrated strong mitigating factors. He had resided in the U.S. for over 20 years, became a U.S. citizen in 2003, and showed strong community and family ties within the U.S. Crucially, he surrendered his Indian passport upon understanding the security concern it presented. The judge concluded that the applicant's loyalty lay with the U.S., and he was not susceptible to foreign influence.

Why the Applicant Prevailed

Applicant has resided in the U.S. for over 20 years and became a U.S. citizen in 2003.
He demonstrated strong community ties and family connections in the U.S.
The applicant surrendered his Indian passport upon realizing the concern it posed.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to a Foreign Country
AG ¶ 7(d)raisedSharing Living Quarters with Foreign Persons
AG ¶ 7(e)raisedSubstantial Financial Interest in a Foreign Country

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons
AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong U.S. Ties
AG ¶ 8(f)appliedValue of Foreign Financial Interests Unlikely to Influence

Key Rule Quoted

“An individual’s familial ties to a foreign country can raise the foreign influence concern. However, there is no per se rule against applicants for a public trust position who have familial ties to a foreign country.”
— ISCR Case No. 11-04980 at 4 (App. Bd. Sep. 21, 2012)

Procedural Posture

SOR issuedOct 12, 2012
Answer filedNov 3, 2012
Hearing heldFeb 26, 2013
Decision dateApr 11, 2013

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Consideration of Family Ties in Security Clearance Cases
Impact of U.S. Citizenship on Foreign Preference Issues Under Guideline C

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, brothers, father-in-law, mother-in-law, and sister-in-law are Indian citizens, who reside in India.	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 (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. (f) foreign interests are minimal and could not be used to influence	Credited Deep U.S. Ties
1.b	Applicant wishes he could travel to India on a more frequent basis to visit his family, but due to anticipated college costs for his children, he has been forced to curtail any such travel.	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 (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. (f) foreign interests are minimal and could not be used to influence	Credited Deep U.S. Ties
1.c	Applicant has never voted in elections in 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 (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. (f) foreign interests are minimal and could not be used to influence	Credited Deep U.S. Ties
1.d	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 Bank Account or Investment Financial or Property Interest	India HEIGHTENED RISK	Denied	(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. (f) foreign interests are minimal and could not be used to influence	Credited Deep U.S. Ties
1.e	Applicant has no other foreign property or financial interest. His net worth, to include his home and numerous U.S. investments, is in excess of one million dollars.	For Applicant	Foreign Bank Account or Investment Financial or Property Interest	India HEIGHTENED RISK	Denied	(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. (f) foreign interests are minimal and could not be used to influence	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s parents, brothers, father-in-law, mother-in-law, and sister-in-law are Indian citizens, who reside in India.

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

(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.

(f) foreign interests are minimal and could not be used to influence

Credited

Deep U.S. Ties

1.b

Applicant wishes he could travel to India on a more frequent basis to visit his family, but due to anticipated college costs for his children, he has been forced to curtail any such travel.

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

(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.

(f) foreign interests are minimal and could not be used to influence

Credited

Deep U.S. Ties

1.c

Applicant has never voted in elections in 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

(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.

(f) foreign interests are minimal and could not be used to influence

Credited

Deep U.S. Ties

1.d

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 Bank Account or Investment

Financial or Property Interest

India

HEIGHTENED RISK

Denied

(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.

(f) foreign interests are minimal and could not be used to influence

Credited

Deep U.S. Ties

1.e

Applicant has no other foreign property or financial interest. His net worth, to include his home and numerous U.S. investments, is in excess of one million dollars.

For Applicant

Foreign Bank Account or Investment

Financial or Property Interest

India

HEIGHTENED RISK

Denied

(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.

(f) foreign interests are minimal and could not be used to influence

Credited

Deep U.S. Ties

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	Applicant possesses a current Indian passport.	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	Credited Passport Has Been Destroyed or Surrendered

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

Applicant possesses a current Indian passport.

For Applicant

Foreign Passport Possession or Use

Admitted

(a) applying for and/or acquiring citizenship in any other country

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

Credited

Passport Has Been Destroyed or Surrendered

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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