ISCR Case 12-03804.h1

Case Headnote

ISCR Case No. 12-03804.h1

grantedMar 20, 2013· Hon. Noreen A. Lynch· hearing

Summary

A 39-year-old naturalized U.S. citizen, originally from India, was granted a security clearance despite concerns under Guidelines B (Foreign Influence) and C (Foreign Preference). The Statement of Reasons cited that the applicant's mother, brother, mother-in-law, father-in-law, and a sister-in-law are all citizens and residents of India. Additionally, the applicant maintained a foreign bank account in India and had reserved a condominium under construction there.

A key concern was the applicant's possession of an Overseas Citizen of India (OCI) card. However, the applicant credibly explained that the OCI card functions as a visitor visa without an expiration date, allowing frequent travel to India, which was necessary due to his mother's health issues. He travels on his U.S. passport and surrendered his Indian passport in 2009. The government acknowledged that this evidence did not establish a prima facie case under Guideline C.

The clearance was granted because the applicant renounced his Indian citizenship and passport upon naturalization. His family members in India are not financially dependent on him and are not involved in his work. The applicant demonstrated a strong commitment to the U.S., having established deep personal and professional roots in the country.

Why the Applicant Prevailed

The applicant became a naturalized U.S. citizen and renounced his Indian citizenship and passport.
The applicant's family members in India do not depend on him for financial support and are not involved in his work.
The applicant demonstrated a commitment to the U.S. and has established deep personal and professional roots in the country.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
AG ¶ 7(d)notedSharing Living Quarters with Foreign Persons
AG ¶ 7(e)notedSubstantial Business or Financial Interest in a Foreign Country

Mitigating

AG ¶ 8(a)appliedThe Individual Has a Strong Family and Community Ties to the U.S.
AG ¶ 8(b)appliedThe Individual Has Demonstrated a Commitment to the U.S. and Its Interests.
AG ¶ 8(c)appliedThe Individual Has No Foreign Financial Interests That Could Create a Conflict of Interest.

Key Rule Quoted

“"Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG."”

Procedural Posture

SOR issuedSep 26, 2012
Answer filed—
Hearing heldFeb 28, 2013
Decision dateMar 20, 2013

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Consideration of Family Ties in Security Clearance Decisions
Impact of Naturalization 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 mother and brother are citizens and residents of India.	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	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.b	Applicant’s brother is a businessman in India.	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	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.c	Applicant’s mother-in-law and father-in-law are citizens and residents of India.	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	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.d	Applicant has one sister-in-law who is a citizen and resident of India.	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	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.e	Applicant has a foreign national bank account in India.	For Applicant	Foreign Bank Account or Investment Financial or Property Interest	India HEIGHTENED RISK	Admitted	(e) shared living quarters creating a heightened risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.f	Applicant reserved a condominium in India that is currently under construction.	For Applicant	Foreign Real Estate Financial or Property Interest	India HEIGHTENED RISK	Admitted	(e) shared living quarters creating a heightened risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s mother and brother are citizens and residents of India.

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

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

Credited

Deep U.S. Ties

1.b

Applicant’s brother is a businessman in India.

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

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

Credited

Deep U.S. Ties

1.c

Applicant’s mother-in-law and father-in-law are citizens and residents of India.

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

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

Credited

Deep U.S. Ties

1.d

Applicant has one sister-in-law who is a citizen and resident of India.

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

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

Credited

Deep U.S. Ties

1.e

Applicant has a foreign national bank account in India.

For Applicant

Foreign Bank Account or Investment

Financial or Property Interest

India

HEIGHTENED RISK

Admitted

(e) shared living quarters creating a heightened risk

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

Credited

Deep U.S. Ties

1.f

Applicant reserved a condominium in India that is currently under construction.

For Applicant

Foreign Real Estate

Financial or Property Interest

India

HEIGHTENED RISK

Admitted

(e) shared living quarters creating a heightened risk

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

Credited

Deep U.S. Ties

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	Applicant admits that he has an OCI card. He was credible explaining that the card is nothing more than a visitor visa with no expiration date and no limitations on how frequently he can travel to India. Given his mother’s current health condition, and the number of times Applicant has had to visit India on short notice for her surgeries or treatments, the regular tourist visa would not have been a suitable option as it does not permit frequent visits to India. The identity card is a copy of his Indian visa that is stamped on his U.S. passport. (AX A) Applicant travels on his U.S. passport and he surrendered his Indian passport in 2009. The Government acknowledged that based on this evidence, there is no prima facie case under Guideline C (Foreign Preference).	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

Applicant admits that he has an OCI card. He was credible explaining that the card is nothing more than a visitor visa with no expiration date and no limitations on how frequently he can travel to India. Given his mother’s current health condition, and the number of times Applicant has had to visit India on short notice for her surgeries or treatments, the regular tourist visa would not have been a suitable option as it does not permit frequent visits to India. The identity card is a copy of his Indian visa that is stamped on his U.S. passport. (AX A) Applicant travels on his U.S. passport and he surrendered his Indian passport in 2009. The Government acknowledged that based on this evidence, there is no prima facie case under Guideline C (Foreign Preference).

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

—

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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