Summary
A 51-year-old U.S. citizen and linguist, originally from Pakistan, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons highlighted several issues. The applicant's spouse has a father who is a high-level Pakistani government official, a citizen and resident of Pakistan, with whom the applicant communicates approximately every six months. Additionally, the applicant's spouse has a sister and a brother who are citizens and residents of Pakistan, married to Pakistani citizens and residents.
Further concerns arose from the applicant having been issued a Pakistani National Identity Card (NIC) in 2007, which remained valid until 2016. While some mitigating conditions were considered regarding foreign preference, the judge ultimately determined that the foreign influence concerns were not sufficiently mitigated.
The denial was primarily based on the applicant's spouse's close and frequent communication with her family in Pakistan, particularly her father, who holds a high-level position in the Pakistani government. These ties were deemed to create unmitigated foreign influence concerns, leading to the denial of the security clearance.
Why the applicant was denied
- The applicant's spouse has close ties to her parents in Pakistan, including a father who was a high-level government official.
- The applicant's spouse communicates frequently with her family in Pakistan, creating potential foreign influence concerns.
Conditions referenced
- AG ¶ 7(a)appliedContact with Foreign Family Members
- AG ¶ 7(b)appliedConnections to Foreign Persons That Create Potential Conflicts of Interest
- AG ¶ 7(d)appliedSharing Living Quarters with a Person Who Has Foreign Connections
- AG ¶ 8(a)rejectedThe Individual Has No Ongoing Connections to the Foreign CountryThe applicant's limited contact with his in-laws does not mitigate the foreign influence concerns.
- AG ¶ 8(b)rejectedThe Individual Has Strong Ties to the U.S.The applicant's ties to his spouse's family in Pakistan outweigh his ties to the U.S.
- AG ¶ 8(c)rejectedThe Individual Has Taken Steps to Reduce Foreign InfluenceReturning his Pakistani NIC and passports does not sufficiently mitigate the influence concerns.
Key rule quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural posture
- SOR issuedAug 9, 2013
- Answer filedSep 4, 2013
- Hearing heldNov 25, 2013
- Decision dateDec 13, 2013
Cite for
- Foreign Influence Concerns Due to Family Ties Under Guideline B
- Impact of Spouse's Foreign Connections on Security Clearance Eligibility
- Criteria for Evaluating Foreign Preference Under Guideline C