Summary
This 37-year-old engineer, born in Pakistan, became a U.S. citizen in 1996 and has relatives in Pakistan. He demonstrated commitment to U.S. interests and reported his brother's illegal status to authorities. The judge found that the applicant's ties to the U.S. outweighed concerns about foreign influence, leading to the granting of his security clearance.
Under Guideline B (Foreign Influence) and Guideline E (Personal Conduct), the Statement of Reasons alleged the following: Applicant's father and mother are citizens of Pakistan, now residing in the United States with Resident Alien status, with Green Cards. They plan to apply for U.S. citizenship once they have been here long enough. Since they are not yet Americans, they use their Pakistan passports to return to Pakistan periodically for medical care, which for them is less expensive than in the U.S (1.a). Applicant's wife is a citizen of the United Kingdom and resides with Applicant in the U.S. She has begun the application process for American citizenship. She is a housewife and full-time mother (1.b). Applicant's brother is a citizen of Pakistan currently residing in the U.S. Applicant has signed documents as his brother's sponsor, to enable him to become a U.S. permanent resident alien. The application was signed before the brother's visa expired and his stay here became illegal. Applicant informed the Defense Security Service (DSS) agent of this situation (GX 2) (1.c). Applicant's sister and her family are citizens of Pakistan, currently residing in that country. Applicant has applied for immigrant visas for his sister and her family to emigrate to the U.S. The sister is a housewife and her husband owns a small business. They communicate about every four months (1.d). Applicant had about $200.00 in a small bank account in Pakistan for the past ten years. The account brings little return and he has begun the process of closing it (1.e). Applicant traveled to Pakistan on the following dates: February 5, 1992 to April 9, 1992; December 15, 1993 to January 14, 1994; December 10, 1997 to December 31, 1997; and January 1, 2002 to January 18, 2002. These visits occurred before his parents moved to the United States. He never did any business while in Pakistan (1.f). Applicant's mother-in-law and father-in-law are citizens of Pakistan and currently reside in the United Kingdom. They are long term residents of the United Kingdom and operate a small business there. All of their children, including Applicant's wife, were born in the U.K.. None of them have any connection with the government of Pakistan (1.g). Applicant did not encourage his brother to overstay his visa. Applicant's action in sponsoring his brother to gain permanent legal status occurred before the brother's stay became illegal. Applicant did voluntarily inform the DSS agent of his brother's illegal status (2.a).
The judge granted the clearance. The government raised disqualifying conditions 1.a.. The judge applied mitigating conditions 1., 2.a.. The decision turned on the following: Applicant's parents are in the process of becoming U.S. citizens, indicating strong ties to the U.S; Applicant reported his brother's illegal status to authorities, demonstrating reliability and commitment to U.S. interests; The applicant has lived in the U.S. for most of his life and has no preference for Pakistan.
Why the Applicant Prevailed
- Applicant's parents are in the process of becoming U.S. citizens, indicating strong ties to the U.S.
- Applicant reported his brother's illegal status to authorities, demonstrating reliability and commitment to U.S. interests.
- The applicant has lived in the U.S. for most of his life and has no preference for Pakistan.
Conditions Referenced
- 1.a.raisedForeign Influence - Immediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country.
- 1.appliedForeign Influence - A Determination That the Immediate Family Member(s) in Question Would Not Constitute an Unacceptable Security Risk.
- 2.a.appliedPersonal Conduct - the Applicant Did Not Encourage His Brother to Overstay His Visa.
Key Rule Quoted
“A security risk may exist when an individual's immediate family are (1) not citizens of the United States or (2) may be subject to duress.”
Procedural Posture
- SOR issuedMar 3, 2004
- Answer filedMar 29, 2004
- Hearing heldAug 24, 2004
- Decision dateJan 13, 2005
Cite For
- Mitigation of Foreign Influence Concerns Due to Family Ties in the U.S.
- Reliability Demonstrated by Reporting Illegal Status of a Family Member to Authorities.
- Consideration of Long-term Residency and Commitment to U.S. Interests in Security Clearance Decisions.