ISCR Case 13-00306.h1

Case Headnote

ISCR Case No. 13-00306.h1

deniedFeb 25, 2014· Hon. Shari Dam· hearing

Summary

A naturalized U.S. citizen, originally from Pakistan, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant's father and two siblings reside in Pakistan, with whom he maintains regular contact. These close family ties were identified as creating a potential conflict of interest, raising concerns about his willingness to assist family members by providing sensitive information.

Further concerns arose from the applicant's possession of a Pakistani National Identity Card for Overseas Pakistanis (NICOP), obtained after becoming a U.S. citizen in July 2002. This card, issued to dual citizens, along with five trips to Pakistan since naturalization, indicated a preference for his country of origin. The possibility of a future inheritance from his father in Pakistan also contributed to the foreign influence concerns.

Despite the application of some mitigating conditions, the judge determined that the applicant failed to provide sufficient evidence to alleviate the risks associated with his foreign connections. Consequently, the security clearance was denied, primarily due to the unmitigated concerns regarding potential foreign influence and preference for foreign citizenship.

Why the Applicant Was Denied

The applicant's close family ties in Pakistan create a potential conflict of interest regarding foreign influence.
The applicant's possession of a NICOP card indicates a preference for foreign citizenship, raising security concerns.
The applicant failed to provide sufficient evidence to mitigate the risks associated with his foreign connections.

Conditions Referenced

Disqualifying

C1raisedForeign PreferenceThe applicant's possession of a NICOP card indicates a preference for foreign citizenship.
B7raisedForeign InfluenceThe applicant's close family ties in Pakistan create a potential conflict of interest.

Mitigating

C11rejectedForeign PreferenceThe applicant's willingness to renounce dual citizenship was not sufficiently demonstrated.
B8rejectedForeign InfluenceThe applicant's strong and consistent connections to his family in Pakistan negate the possibility of mitigation.

Key Rule Quoted

“The mere circumstance of close family ties with a family member living in a foreign country is not, as a matter of law, disqualifying under Guideline B.”

Procedural Posture

SOR issuedJun 26, 2013
Answer filedAug 30, 2013Applicant requested a decision on the written record.
Hearing held—No hearing was held; decision made on the written record.
Decision dateFeb 25, 2014

Cite For

Security Concerns Related to Foreign Influence Due to Family Ties in a Foreign Country
Implications of Holding a Foreign National Identity Card After Obtaining U.S. Citizenship
The Importance of Demonstrating Mitigation of Foreign Influence Risks in Security Clearance Cases

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
2.a	Applicant's father is a citizen and resident of Pakistan. He contacts him weekly.	Against 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	—	—
2.b	Applicant has two siblings who are citizens and residents of Pakistan. He contacts his sister once a week and his brother once a month.	Against 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	—	—
2.c	Applicant's family members in Pakistan create a potential conflict of interest because these relationships are sufficiently close to raise a security concern about his desire to assist family members by providing sensitive or classified information.	Against Applicant	Unspecified Foreign Relationship Other	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	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant's father is a citizen and resident of Pakistan. He contacts him weekly.

Against 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

—

2.b

Applicant has two siblings who are citizens and residents of Pakistan. He contacts his sister once a week and his brother once a month.

Against 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

—

2.c

Applicant's family members in Pakistan create a potential conflict of interest because these relationships are sufficiently close to raise a security concern about his desire to assist family members by providing sensitive or classified information.

Against Applicant

Unspecified Foreign Relationship

Other

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

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant obtained a NICOP card to ease his travel to and from Pakistan, after becoming a U.S. citizen in July 2002. Said card is specifically issued to individuals holding dual citizenship with Pakistan.	Against Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
1.b	Applicant has traveled to Pakistan five times since becoming a U.S. citizen, indicating a preference for his home country.	For Applicant	Unspecified Foreign Preference	Admitted	—	—	—
1.c	The possibility that he may inherit money in the future from his father, who is a citizen and resident of Pakistan.	For Applicant	Unspecified Foreign Preference	Denied	—	—	—
1.d	Applicant's relationships with his father, brother, and sister living in Pakistan create a potential conflict of interest.	For Applicant	Unspecified Foreign Preference	Denied	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant obtained a NICOP card to ease his travel to and from Pakistan, after becoming a U.S. citizen in July 2002. Said card is specifically issued to individuals holding dual citizenship with Pakistan.

Against Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

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

—

1.b

Applicant has traveled to Pakistan five times since becoming a U.S. citizen, indicating a preference for his home country.

For Applicant

Unspecified Foreign Preference

Admitted

—

1.c

The possibility that he may inherit money in the future from his father, who is a citizen and resident of Pakistan.

For Applicant

Unspecified Foreign Preference

Denied

—

1.d

Applicant's relationships with his father, brother, and sister living in Pakistan create a potential conflict of interest.

For Applicant

Unspecified Foreign Preference

Denied

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

PROCEDURAL RULINGS

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION