ISCR Case 12-09336.h1

Case Headnote

ISCR Case No. 12-09336.h1

grantedFeb 27, 2013· Hon. Joan Caton Anthony· hearing

Summary

A 44-year-old naturalized U.S. citizen, originally from Pakistan, was granted a security clearance despite concerns under Guideline B (Foreign Influence). The Statement of Reasons detailed that his mother, three brothers, one sister, one brother-in-law, and three sisters-in-law are citizens and residents of Pakistan. Additionally, one brother is a citizen of Pakistan residing in the UAE, and a family friend is a citizen and resident of Pakistan. The applicant maintained daily or near-daily telephone contact with his mother, who visits the U.S., and provided her with financial support.

Disqualifying conditions B1, B2, B3, and B4 were raised due to these foreign connections. However, the applicant successfully mitigated these concerns by demonstrating strong ties to the U.S. through his military service as a linguist and his family life. He provided evidence of his commitment to national security, including his role in a government contractor position within a war zone.

Crucially, the applicant renounced his Pakistani citizenship and relinquished his passport, which were significant mitigating factors. The judge found that these actions, combined with his demonstrated loyalty and commitment to the U.S., resolved the government's concerns, leading to the granting of his security clearance.

Why the Applicant Prevailed

The applicant demonstrated strong ties to the U.S. through his military service and family life.
He provided evidence of his commitment to national security and his role in a government contractor position in a war zone.
The applicant's renunciation of his Pakistani citizenship and relinquishment of his passport were significant mitigating factors.

Conditions Referenced

Disqualifying

AG B1raisedForeign Contacts and Interests
AG B2raisedForeign Influence
AG B3raisedForeign Financial Interests
AG B4raisedDivided Loyalties

Mitigating

AG B5appliedU.S. Citizenship
AG B6appliedRenunciation of Foreign Citizenship
AG B7appliedStrong Family Ties to the U.S.
AG B8appliedEvidence of Trustworthiness

Key Rule Quoted

“"Foreign contacts and interests may be a security concern if the individual has divided loyalties or foreign financial interests, may be manipulated or induced to help a foreign person, group, organization, or government in a way that is not in U.S. interests, or is vulnerable to pressure or coercion by any foreign interest."”

Procedural Posture

SOR issuedAug 21, 2012
Answer filedSep 16, 2012
Hearing heldJan 15, 2013
Decision dateFeb 27, 2013

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of U.S. Citizenship and Family Ties in Security Clearance Decisions
Impact of Military Service on Security Clearance Eligibility

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 is a citizen and resident of Pakistan. She travels to the United States to visit Applicant and his family. He contacts her by telephone daily or several times a week and provides her with financial support.	For Applicant	Parent in Foreign Country Immediate Family	Pakistan 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	Documented Deep U.S. Ties
1.b	Applicant has three brothers and one sister who are citizens and residents of Pakistan.	For Applicant	Sibling in Foreign Country Immediate Family	Pakistan 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	Documented Deep U.S. Ties
1.c	Applicant has one brother who is a citizen of Pakistan and a resident of the UAE.	For Applicant	Sibling in Foreign Country Immediate Family	UAE	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	Documented Deep U.S. Ties
1.d	Applicant has one brother-in-law and three sisters-in-law who are citizens and residents of Pakistan.	For Applicant	In Law in Foreign Country Immediate Family	Pakistan 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	Documented Deep U.S. Ties
1.e	Applicant has a family friend who is a citizen and resident of Pakistan.	For Applicant	Friend in Foreign Country Friend	Pakistan 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	Documented Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s mother is a citizen and resident of Pakistan. She travels to the United States to visit Applicant and his family. He contacts her by telephone daily or several times a week and provides her with financial support.

For Applicant

Parent in Foreign Country

Immediate Family

Pakistan

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

Documented

Deep U.S. Ties

1.b

Applicant has three brothers and one sister who are citizens and residents of Pakistan.

For Applicant

Sibling in Foreign Country

Immediate Family

Pakistan

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

Documented

Deep U.S. Ties

1.c

Applicant has one brother who is a citizen of Pakistan and a resident of the UAE.

For Applicant

Sibling in Foreign Country

Immediate Family

UAE

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

Documented

Deep U.S. Ties

1.d

Applicant has one brother-in-law and three sisters-in-law who are citizens and residents of Pakistan.

For Applicant

In Law in Foreign Country

Immediate Family

Pakistan

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

Documented

Deep U.S. Ties

1.e

Applicant has a family friend who is a citizen and resident of Pakistan.

For Applicant

Friend in Foreign Country

Friend

Pakistan

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

Documented

Deep U.S. Ties

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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