ISCR Case 14-01896.h1

Case Headnote

ISCR Case No. 14-01896.h1

grantedMar 10, 2015· Hon. Noreen A. Lynch· hearing

Summary

A security clearance was granted to a naturalized U.S. citizen, originally from Pakistan, despite initial concerns under Guideline B (Foreign Influence). The Statement of Reasons highlighted that the applicant's mother-in-law and father-in-law are citizens and residents of Pakistan, with whom his wife maintains contact. Additionally, one of the applicant's brothers lives in the U.S. but is a Pakistani citizen, though the applicant himself does not maintain contact with any blood relatives in Pakistan. The applicant's wife resides in the U.S. and is in the process of becoming a U.S. citizen.

Disqualifying conditions under Adjudicative Guideline (AG) ¶ 7(a) and AG ¶ 7(b) were raised. However, the decision applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b), and AG ¶ 8(c).

The judge determined that the applicant's strong ties to the U.S. mitigated the foreign influence concerns. Key factors included his immediate family, including parents and brothers, residing in the U.S., and his wife living with him in the U.S. while pursuing U.S. citizenship. The applicant also demonstrated a clear commitment and loyalty to the U.S., expressing a desire to reside there permanently.

Why the Applicant Prevailed

Applicant's immediate family members, including parents and brothers, reside in the U.S., reducing foreign influence concerns.
Applicant's wife, who is in the process of becoming a U.S. citizen, lives with him in the U.S.
Applicant demonstrated strong ties and loyalty to the U.S., stating his desire to live there permanently.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest

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

Key Rule Quoted

“The United States has a compelling interest in protecting and safeguarding classified information from any person, organization, or country that is not authorized to have access to it, regardless of whether that person, organization, or country has interests inimical to those of the United States.”

Procedural Posture

SOR issuedOct 3, 2014
Answer filed—Applicant timely answered the SOR.
Hearing heldFeb 19, 2015Hearing was conducted.
Decision dateMar 10, 2015

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Strong U.S. Ties in Security Clearance Decisions
Consideration of Family Relationships in Assessing Foreign Influence Risks

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 mother-in-law and father-in-law are citizens and residents of Pakistan. Applicant’s wife maintains contact with them.	For Applicant	In Law 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	(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.b	One of Applicant’s brothers lives in the United States but is a citizen of Pakistan.	For 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	(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.c	Applicant’s wife now resides in the United States and is in the process of becoming a U.S. citizen.	For Applicant	Spouse Dual or Foreign Citizen 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	(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.d	Applicant does not maintain contact with any blood relatives in Pakistan.	For Applicant	Unspecified Foreign Relationship Other	Pakistan HEIGHTENED RISK	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.	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s mother-in-law and father-in-law are citizens and residents of Pakistan. Applicant’s wife maintains contact with them.

For Applicant

In Law 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

(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.b

One of Applicant’s brothers lives in the United States but is a citizen of Pakistan.

For 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

(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.c

Applicant’s wife now resides in the United States and is in the process of becoming a U.S. citizen.

For Applicant

Spouse Dual or Foreign Citizen

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

(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.d

Applicant does not maintain contact with any blood relatives in Pakistan.

For Applicant

Unspecified Foreign Relationship

Other

Pakistan

HEIGHTENED RISK

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.

Credited

Deep U.S. Ties

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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