ISCR Case 14-01047.h1

Case Headnote

ISCR Case No. 14-01047.h1

grantedNov 7, 2014· Hon. Arthur E. Marshall, Jr.· hearing

Summary

A 44-year-old naturalized U.S. citizen and research scientist, originally from India, was granted a security clearance despite concerns under Guideline B (Foreign Influence). The Statement of Reasons cited his family ties in India, including parents, sisters, and in-laws who are all Indian citizens and residents. His wife, an Indian citizen working as an engineer in the U.S., intends to apply for U.S. citizenship when eligible later this year.

The applicant maintained two bank accounts in India, valued at approximately $5,000, and communicated with his family in India weekly by telephone, visiting them about every two years. Disqualifying conditions under AG ¶ 7(a), AG ¶ 7(b), and AG ¶ 7(d) were raised.

However, the applicant successfully mitigated these concerns by demonstrating strong ties to the United States, including home ownership and a stable career. He formally relinquished his Indian passport and citizenship, now traveling solely on a U.S. passport, and has no intention of returning to India to live. Furthermore, neither the applicant, his family, nor his in-laws are involved in political activity, and his family members in India have no connections to the Indian government or military. Mitigating conditions AG ¶ 8(a) and AG ¶ 8(b) were applied, leading to the decision to grant the security clearance.

Why the Applicant Prevailed

The applicant demonstrated strong ties to the United States, including home ownership and a stable career.
The applicant's family members in India do not have connections to the Indian government or military.
The applicant relinquished his Indian citizenship and travels only on a U.S. passport.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnection to Foreign Persons Creating Potential Conflict of Interest
AG ¶ 7(d)raisedSharing Living Quarters with a Person Creating Heightened Risk

Mitigating

AG ¶ 8(a)appliedNature of Relationship with Foreign Persons Unlikely to Create Conflict
AG ¶ 8(b)appliedNo Conflict of Interest Due to Strong U.S. Ties

Key Rule Quoted

“The mere possession of close family ties to persons in a foreign country is not, as a matter of law, disqualifying under Guideline B.”

Procedural Posture

SOR issuedMay 9, 2014
Answer filedMay 19, 2014Applicant admitted all allegations and requested a hearing.
Hearing heldSep 9, 2014
Decision dateNov 7, 2014

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of U.S. Citizenship and Ties in Security Clearance Decisions
Consideration of the Whole-person Concept in Adjudication.

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 has ties of affection, independently or through his wife, for his parents, sisters, and in-laws, who are all citizen-residents of India.	For Applicant	Parent in Foreign Country Immediate Family	India 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 (d) counterintelligence information indicating unacceptable risk	(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.	Credited Deep U.S. Ties Claimed Other
1.b	Applicant’s wife, an Indian citizen presently working as an engineer in the United States, intends to apply for United States citizenship by the end of this year, when she is eligible.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	India 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 (d) counterintelligence information indicating unacceptable risk	(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.	Credited Deep U.S. Ties Claimed Other
1.c	Applicant’s alleged maintenance of two bank accounts in India stated to be worth about $5,000.	For Applicant	Foreign Bank Account or Investment Financial or Property Interest	India 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 (d) counterintelligence information indicating unacceptable risk	(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 speaks with his parents and siblings about every week by telephone.	For Applicant	Parent in Foreign Country Immediate Family	India 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 (d) counterintelligence information indicating unacceptable risk	(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.	Credited Deep U.S. Ties Claimed Other
1.e	Applicant sees his family in India about every two years.	For Applicant	Parent in Foreign Country Immediate Family	India 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 (d) counterintelligence information indicating unacceptable risk	(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.	Credited Deep U.S. Ties Claimed Other
1.f	His Indian passport and citizenship have been formally relinquished.	For Applicant	Unspecified Foreign Relationship Other	India 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 (d) counterintelligence information indicating unacceptable risk	(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 has no intention of returning to India to live.	For Applicant	Unspecified Foreign Relationship Other	India 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 (d) counterintelligence information indicating unacceptable risk	(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.	Credited Deep U.S. Ties
1.h	Neither Applicant, members of his family, or his in-laws are involved in political activity.	For Applicant	Unspecified Foreign Relationship Other	India 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 (d) counterintelligence information indicating unacceptable risk	(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 has ties of affection, independently or through his wife, for his parents, sisters, and in-laws, who are all citizen-residents of India.

For Applicant

Parent in Foreign Country

Immediate Family

India

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

(d) counterintelligence information indicating unacceptable risk

(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.

Credited

Deep U.S. Ties

Claimed

Other

1.b

Applicant’s wife, an Indian citizen presently working as an engineer in the United States, intends to apply for United States citizenship by the end of this year, when she is eligible.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

India

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

(d) counterintelligence information indicating unacceptable risk

(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.

Credited

Deep U.S. Ties

Claimed

Other

1.c

Applicant’s alleged maintenance of two bank accounts in India stated to be worth about $5,000.

For Applicant

Foreign Bank Account or Investment

Financial or Property Interest

India

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

(d) counterintelligence information indicating unacceptable risk

(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 speaks with his parents and siblings about every week by telephone.

For Applicant

Parent in Foreign Country

Immediate Family

India

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

(d) counterintelligence information indicating unacceptable risk

(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.

Credited

Deep U.S. Ties

Claimed

Other

1.e

Applicant sees his family in India about every two years.

For Applicant

Parent in Foreign Country

Immediate Family

India

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

(d) counterintelligence information indicating unacceptable risk

(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.

Credited

Deep U.S. Ties

Claimed

Other

1.f

His Indian passport and citizenship have been formally relinquished.

For Applicant

Unspecified Foreign Relationship

Other

India

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

(d) counterintelligence information indicating unacceptable risk

(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 has no intention of returning to India to live.

For Applicant

Unspecified Foreign Relationship

Other

India

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

(d) counterintelligence information indicating unacceptable risk

(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.

Credited

Deep U.S. Ties

1.h

Neither Applicant, members of his family, or his in-laws are involved in political activity.

For Applicant

Unspecified Foreign Relationship

Other

India

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

(d) counterintelligence information indicating unacceptable risk

(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

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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