ISCR Case 13-00883.h1

Case Headnote

ISCR Case No. 13-00883.h1

grantedApr 11, 2014· Hon. Rita C. O'Brien· hearing

Summary

A 22-year-old naturalized U.S. citizen, originally from Pakistan, was granted a security clearance despite concerns under Guidelines B (Foreign Influence) and C (Foreign Preference). The Statement of Reasons alleged that several of his foreign relatives were members of the Pakistani military, including an uncle retired from the Pakistani Air Force and five cousins serving in either the Pakistani Air Force or Army. These ties were cited as creating a heightened risk of foreign exploitation and potential conflict of interest.

Additionally, the applicant possessed a valid foreign passport, which he used for travel to and from Afghanistan in 2012 and for his U.S. citizenship ceremony in 2013. He maintained possession of this passport until May 2013.

The judge ultimately granted the clearance, finding that the applicant had mitigated the security concerns. Key factors included his minimal contact with foreign relatives since leaving Pakistan in 2007, his strong ties to the U.S. through family and friends who are U.S. citizens and government employees, and his renunciation of Pakistani citizenship and surrender of his foreign passport, which demonstrated a clear commitment to U.S. interests.

Why the Applicant Prevailed

The applicant has not lived in Pakistan since 2007 and has minimal contact with foreign relatives.
He has strong ties to the U.S., including family and friends who are U.S. citizens and government employees.
The applicant renounced his Pakistani citizenship and surrendered his passport, demonstrating a commitment to U.S. interests.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons
AG ¶ 10(a)raisedPossession of a Current Foreign Passport

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons
AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong U.S. Ties
AG ¶ 8(c)appliedInfrequent Contact with Foreign Citizens
AG ¶ 11(b)appliedWillingness to Renounce Dual Citizenship
AG ¶ 11(e)appliedPassport Has Been Surrendered and Destroyed

Key Rule Quoted

“Family ties with a resident or citizen of a foreign country, per se, do not disqualify an applicant from obtaining a security clearance; such ties are only disqualifying if they create a heightened risk of foreign exploitation or a potential conflict of interest.”
— ISCR Case No. 04-07766 at 3 (App. Bd., Sep 26, 2006)

Procedural Posture

SOR issuedNov 6, 2013
Answer filed—
Hearing heldFeb 27, 2014Applicant requested to hold the record open for additional documentation.
Decision dateApr 11, 2014

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Mitigation of Foreign Preference Concerns Under Guideline C
Impact of Strong U.S. Ties 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	Several of Applicant's foreign relatives are members of the Pakistani military. Applicant's foreign relatives create a heightened risk of foreign exploitation and a potential conflict of interest.	For Applicant	Extended Family in Foreign Country Immediate Family GOVT-AFFILIATED	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 (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk	Credited Deep U.S. Ties Claimed Contact Disclosed to Authorities
1.b	Applicant has extended family members who are citizen-residents of Pakistan, including an uncle and his two sons, Applicant's cousins. His uncle is a pilot, retired from the Pakistani Air Force. He is now a commercial pilot for a Pakistani airline. Applicant last saw his uncle in 2008. His two sons, Cousin A and Cousin B, are members of the Pakistani Air Force. Applicant has had no contact with this family since 2008 because Applicant's family has not been on speaking terms with them since that time.	For Applicant	Extended Family in Foreign Country Extended Family GOVT-AFFILIATED	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 (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk	Credited Deep U.S. Ties Claimed Contact Disclosed to Authorities
1.c	Applicant has three others cousins who are citizens and residents of Pakistan. Cousins C is a pilot in the Pakistani Air Force. Cousins D and E are in the Pakistani Army. Applicant has not seen Cousins C, D, or E since 2006 or 2007, before he left Pakistan.	For Applicant	Extended Family in Foreign Country Extended Family GOVT-AFFILIATED	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 (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk	Credited Deep U.S. Ties Claimed Contact Disclosed to Authorities

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Several of Applicant's foreign relatives are members of the Pakistani military. Applicant's foreign relatives create a heightened risk of foreign exploitation and a potential conflict of interest.

For Applicant

Extended Family in Foreign Country

Immediate Family

GOVT-AFFILIATED

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

(c) contact so casual and infrequent there is little likelihood of risk

Credited

Deep U.S. Ties

Claimed

Contact Disclosed to Authorities

1.b

Applicant has extended family members who are citizen-residents of Pakistan, including an uncle and his two sons, Applicant's cousins. His uncle is a pilot, retired from the Pakistani Air Force. He is now a commercial pilot for a Pakistani airline. Applicant last saw his uncle in 2008. His two sons, Cousin A and Cousin B, are members of the Pakistani Air Force. Applicant has had no contact with this family since 2008 because Applicant's family has not been on speaking terms with them since that time.

For Applicant

Extended Family in Foreign Country

Extended Family

GOVT-AFFILIATED

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

(c) contact so casual and infrequent there is little likelihood of risk

Credited

Deep U.S. Ties

Claimed

Contact Disclosed to Authorities

1.c

Applicant has three others cousins who are citizens and residents of Pakistan. Cousins C is a pilot in the Pakistani Air Force. Cousins D and E are in the Pakistani Army. Applicant has not seen Cousins C, D, or E since 2006 or 2007, before he left Pakistan.

For Applicant

Extended Family in Foreign Country

Extended Family

GOVT-AFFILIATED

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

(c) contact so casual and infrequent there is little likelihood of risk

Credited

Deep U.S. Ties

Claimed

Contact Disclosed to Authorities

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	Applicant possessed a valid foreign passport. He used it to travel to Afghanistan in 2012, to travel from Afghanistan to the United States later that year, and to travel from Afghanistan to the United States for his U.S. citizenship ceremony in 2013. He possessed the foreign passport until May 2013. AG ¶ 10(a)(1) applies.	For Applicant	Foreign Passport Possession or Use	Denied	(a) applying for and/or acquiring citizenship in any other country	(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	Credited Willingness to Renounce Dual Citizenship Credited Passport Has Been Destroyed or Surrendered

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

Applicant possessed a valid foreign passport. He used it to travel to Afghanistan in 2012, to travel from Afghanistan to the United States later that year, and to travel from Afghanistan to the United States for his U.S. citizenship ceremony in 2013. He possessed the foreign passport until May 2013. AG ¶ 10(a)(1) applies.

For Applicant

Foreign Passport Possession or Use

Denied

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

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

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

Credited

Willingness to Renounce Dual Citizenship

Credited

Passport Has Been Destroyed or Surrendered

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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

PROCEDURAL MATTERS

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES