ISCR Case 12-10700.h1

Case Headnote

ISCR Case No. 12-10700.h1

grantedNov 15, 2013· Hon. Matthew E. Malone· hearing

Summary

A 44-year-old dual citizen of the United States and Pakistan, employed by a defense contractor, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited his family ties in Pakistan, including his father and two sisters residing there, and his father-in-law being a retired Pakistani government employee. Financial connections included an estimated $5,000 in a Pakistani bank account and a $45,000 share in Pakistani real estate. Additionally, the applicant obtained a National Identification Card for Overseas Pakistanis in February 2012, after becoming a naturalized U.S. citizen.

The judge found that these concerns were mitigated. The applicant's mother, a Pakistani citizen, moved to the U.S. with no plans to return, and he has limited contact with his sisters, whom he is sponsoring for U.S. immigration. His financial ties to Pakistan were deemed minimal and not a significant risk.

Ultimately, the judge determined that the applicant's limited contact with family in Pakistan and his significant contributions to U.S. military efforts in Afghanistan outweighed the disqualifying conditions, leading to the granting of the security clearance.

Why the Applicant Prevailed

The applicant's mother, a Pakistani citizen, moved to the U.S. and has no plans to return to Pakistan, reducing foreign influence concerns.
The applicant has limited contact with his sisters in Pakistan and is in the process of sponsoring their immigration to the U.S.
The applicant's financial ties to Pakistan are minimal and do not constitute a significant risk.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
AG ¶ 10(a)raisedExercise of Foreign Citizenship Rights After Becoming a U.S. Citizen

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Unlikely to Create Conflict
AG ¶ 8(b)appliedMinimal Loyalty or Obligation to Foreign Persons
AG ¶ 8(c)appliedCasual and Infrequent Contact with Foreign Citizens
AG ¶ 8(f)appliedValue of Foreign Interests Unlikely to Result in Conflict

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.”
— Department of Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedMay 3, 2013
Answer filedJun 3, 2013
Hearing heldAug 26, 2013Applicant waived the 15-day notice requirement.
Decision dateNov 15, 2013

Cite For

Mitigation of Foreign Influence Under Guideline B Due to Family Immigration to the U.S.
Mitigation of Foreign Preference Concerns Based on Limited Foreign Ties and Significant U.S. Contributions.
Consideration of the Applicant's Judgment and Discretion in a High-risk Environment.

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 father is a citizen of, and resides in, Pakistan.	For Applicant	Parent in Foreign Country Immediate Family	Pakistan	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.	Claimed Other
1.b	Applicant's two sisters are citizens of, and reside in, Pakistan.	For Applicant	Sibling in Foreign Country Immediate Family	Pakistan	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.	Claimed Other
1.c	Applicant's mother-in-law is a citizen of Pakistan residing in the United States.	For Applicant	In Law in Foreign Country Immediate Family	Pakistan	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.	Claimed Other
1.d	Applicant's father-in-law is a retired employee of Pakistan’s government.	For Applicant	In Law in Foreign Country Immediate Family GOVT-AFFILIATED	Pakistan	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.	Claimed Other
1.e	Applicant's wife is a citizen of Pakistan residing in the United States.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Pakistan	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.	Claimed Other
1.f	Applicant's father-in-law is a retired employee of Pakistan’s government.	For Applicant	In Law in Foreign Country Immediate Family GOVT-AFFILIATED	Pakistan	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.	Claimed Other
1.g	Applicant provides financial assistance to his mother in Pakistan.	For Applicant	Financial Support to Foreign Relative Immediate Family	Pakistan	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.	Claimed Other
1.h	Applicant maintains an account in a Pakistani bank with an estimated balance of $5,000.	For Applicant	Foreign Bank Account or Investment Financial or Property Interest	Pakistan	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.	Claimed Other
1.i	Applicant owns a portion of real estate in Pakistan, with a share value of about $45,000.	For Applicant	Foreign Real Estate Financial or Property Interest	Pakistan	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.	Claimed Other

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's father is a citizen of, and resides in, Pakistan.

For Applicant

Parent in Foreign Country

Immediate Family

Pakistan

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.

Claimed

Other

1.b

Applicant's two sisters are citizens of, and reside in, Pakistan.

For Applicant

Sibling in Foreign Country

Immediate Family

Pakistan

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.

Claimed

Other

1.c

Applicant's mother-in-law is a citizen of Pakistan residing in the United States.

For Applicant

In Law in Foreign Country

Immediate Family

Pakistan

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.

Claimed

Other

1.d

Applicant's father-in-law is a retired employee of Pakistan’s government.

For Applicant

In Law in Foreign Country

Immediate Family

GOVT-AFFILIATED

Pakistan

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.

Claimed

Other

1.e

Applicant's wife is a citizen of Pakistan residing in the United States.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Pakistan

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.

Claimed

Other

1.f

Applicant's father-in-law is a retired employee of Pakistan’s government.

For Applicant

In Law in Foreign Country

Immediate Family

GOVT-AFFILIATED

Pakistan

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.

Claimed

Other

1.g

Applicant provides financial assistance to his mother in Pakistan.

For Applicant

Financial Support to Foreign Relative

Immediate Family

Pakistan

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.

Claimed

Other

1.h

Applicant maintains an account in a Pakistani bank with an estimated balance of $5,000.

For Applicant

Foreign Bank Account or Investment

Financial or Property Interest

Pakistan

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.

Claimed

Other

1.i

Applicant owns a portion of real estate in Pakistan, with a share value of about $45,000.

For Applicant

Foreign Real Estate

Financial or Property Interest

Pakistan

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.

Claimed

Other

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	In February 2012, Applicant, a naturalized U.S. citizen, obtained a National Identification Card for Overseas Pakistanis.	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	(a) the foreign citizenship is not in conflict with U.S. national security interests (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests (f) the foreign preference, if detected, involves a foreign country/entity/association that poses a low national security risk	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

In February 2012, Applicant, a naturalized U.S. citizen, obtained a National Identification Card for Overseas Pakistanis.

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

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

(a) the foreign citizenship is not in conflict with U.S. national security interests

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests

(f) the foreign preference, if detected, involves a foreign country/entity/association that poses a low national security risk

Claimed

Other

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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