Summary
The applicant, a 29-year-old dual citizen of the United States and Pakistan, faced security concerns under Guideline B (foreign influence) and Guideline C (foreign preference) due to his ties to family members in Pakistan and possession of a Pakistani passport. Although he mitigated some concerns regarding family ties, the judge found that the continued possession of a Pakistani passport two years after becoming a U.S. citizen was a significant issue, leading to the denial of his 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 of Pakistan residing in the United States (1.a). Applicant’s mother is a dual citizen of Pakistan and the United States residing in the United States (1.b). Applicant’s aunt, to whom Applicant has sent about $1,000 since May 2010, is a citizen and resident of Pakistan (1.c). Applicant’s cousin, to whom he has sent about $900 since May 2010, is a citizen and resident of Pakistan (1.d). A friend, to whom Applicant sent about $1,000 in 2008, is a citizen and resident of Pakistan (1.e). Applicant’s wife, whom he married in Pakistan in May 2010, is a citizen of Pakistan residing with him in the United States (1.f). Applicant’s mother-in-law and father-in-law are citizens and residents of Pakistan (1.g). Applicant possesses a Pakistani passport that is valid until December 31, 2013, and that he obtained that passport after becoming a naturalized U.S. citizen and receiving a U.S. passport (SOR 2.a) (2.a).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), AG ¶ 7(d). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b). The decision turned on the following: The applicant failed to mitigate security concerns related to his possession of a Pakistani passport after becoming a U.S. citizen; The applicant's ties to family members in Pakistan raised concerns about potential foreign influence and divided loyalties.
Why the applicant was denied
- The applicant failed to mitigate security concerns related to his possession of a Pakistani passport after becoming a U.S. citizen.
- The applicant's ties to family members in Pakistan raised concerns about potential foreign influence and divided loyalties.
Conditions referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
- AG ¶ 7(d)raisedSharing Living Quarters with Foreign Citizens
- AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Unlikely to Create Conflict
- AG ¶ 8(b)appliedNo Conflict of Interest Due to the Nature of Relationships
Key rule quoted
“A security clearance decision is intended only to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
Procedural posture
- SOR issuedAug 6, 2012
- Answer filedAug 24, 2011Requested a decision without a hearing.
- Hearing heldNov 14, 2012
- Decision dateDec 12, 2012
Cite for
- Security Concerns Related to Foreign Influence Under Guideline B
- Security Concerns Related to Foreign Preference Under Guideline C
- Impact of Dual Citizenship on Security Clearance Eligibility