ISCR Case 12-04926.h1

Case Headnote

ISCR Case No. 12-04926.h1

grantedApr 19, 2013· Hon. Francisco Mendez· hearing

Summary

A 43-year-old U.S. citizen, originally from India, was granted a security clearance despite initial concerns under Guidelines B (Foreign Influence), C (Foreign Preference), and L (Outside Activities). The Statement of Reasons primarily focused on his familial ties in India, including parents and a sister who are Indian citizens and residents. The applicant had provided some financial support to his parents, particularly for his mother's operation and their travel to the U.S., and maintained somewhat frequent communication and past visits.

Additionally, a U.S. citizen cousin, originally from India, was noted as a potential concern, though the applicant had not seen him in approximately 20 years and had no current contact information after deleting his Facebook account. The applicant had also declined a teaching position offer from an Indian university. He voluntarily disclosed all foreign connections, including family and the job offer, on his application and during his background interview. His family in India was unaware of his U.S. Government work or security clearance consideration.

The clearance was granted because the applicant demonstrated strong mitigating factors. He has continuously resided in the U.S. for over 15 years, became a U.S. citizen in 2004, and established deep personal and professional ties within the U.S., including a family and career. He further demonstrated a commitment to resolving any potential conflicts of interest in favor of the United States.

Why the Applicant Prevailed

Applicant has continuously resided in the U.S. for over 15 years and became a U.S. citizen in 2004.
He has established deep personal and professional ties to the U.S., including a family and career.
Applicant demonstrated a commitment to resolving any potential conflicts of interest in favor of the U.S.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to a Foreign Country Creating Potential Conflict of Interest

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Unlikely to Create Conflict
AG ¶ 8(b)appliedNo Conflict of Interest Due to Strong Ties to the U.S.

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 security clearance who have familial ties to a foreign country.”

Procedural Posture

SOR issuedOct 24, 2012
Answer filed—Applicant timely answered the SOR.
Hearing heldMar 21, 2013Hearing was scheduled after coordination with the parties.
Decision dateApr 19, 2013

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Strong U.S. Ties in Security Clearance Determinations
Withdrawal of Allegations Under Guideline C and L Based on Evidence Provided.

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 and his sister are citizens and residents of India. His father was a teacher, while his mother never worked outside the home. His father is now retired and they support themselves from his pension. Applicant has provided some financial support over the years to his parents, primarily when his mother needed an operation a few years ago and to cover the cost of their past travel to the United States. He speaks with his parents and sister on a somewhat frequent basis, and has visited them when he has traveled to India in the past.	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 (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.	Credited Deep U.S. Ties
1.b	Applicant’s cousin, who is originally from India and is a U.S. citizen, was listed in the SOR as a potential foreign influence concern. Applicant has not seen his cousin in about 20 years and only reconnected with him in 2011 via Facebook. Applicant has not communicated with his cousin since deleting his Facebook account and does not have his cousin’s contact information.	For Applicant	Friend in Foreign Country Extended 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.	Credited Deep U.S. Ties
1.c	Applicant was offered a teaching position at a university in India, but turned it down. He voluntarily disclosed his foreign family members, offer of employment from a university in India, and other inconsequential ties to India on his application for a security clearance. He also fully discussed these foreign connections during the ensuing background interview. His family in India is not aware of the work he does for the U.S. Government or that he is being considered for a security clearance.	For Applicant	Unspecified Foreign Relationship Other	India HEIGHTENED RISK	Admitted	(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.	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s parents and his sister are citizens and residents of India. His father was a teacher, while his mother never worked outside the home. His father is now retired and they support themselves from his pension. Applicant has provided some financial support over the years to his parents, primarily when his mother needed an operation a few years ago and to cover the cost of their past travel to the United States. He speaks with his parents and sister on a somewhat frequent basis, and has visited them when he has traveled to India in the past.

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

(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.

Credited

Deep U.S. Ties

1.b

Applicant’s cousin, who is originally from India and is a U.S. citizen, was listed in the SOR as a potential foreign influence concern. Applicant has not seen his cousin in about 20 years and only reconnected with him in 2011 via Facebook. Applicant has not communicated with his cousin since deleting his Facebook account and does not have his cousin’s contact information.

For Applicant

Friend in Foreign Country

Extended 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.

Credited

Deep U.S. Ties

1.c

Applicant was offered a teaching position at a university in India, but turned it down. He voluntarily disclosed his foreign family members, offer of employment from a university in India, and other inconsequential ties to India on his application for a security clearance. He also fully discussed these foreign connections during the ensuing background interview. His family in India is not aware of the work he does for the U.S. Government or that he is being considered for a security clearance.

For Applicant

Unspecified Foreign Relationship

Other

India

HEIGHTENED RISK

Admitted

(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.

Credited

Deep U.S. Ties

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	specific text not stated in this decision	Withdrawn	Unspecified Foreign Preference	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

specific text not stated in this decision

Withdrawn

Unspecified Foreign Preference

Unknown

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶37)	Mitigating applied (¶38)	Mitigation
3.a	specific text not stated in this decision	Withdrawn	Unspecified Outside Activity	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶37)

Mitigating applied (¶38)

Mitigation

3.a

specific text not stated in this decision

Withdrawn

Unspecified Outside Activity

Unknown

—

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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