ISCR Case 04-05562.h1

Case Headnote

ISCR Case No. 04-05562.h1

grantedDec 22, 2005· Hon. Carol G. Ricciardello· hearing

Summary

This case concerns a 63-year-old naturalized U.S. citizen from India, employed as a computer systems professional for a defense contractor. The applicant's security clearance was reviewed under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). Concerns were raised due to his prior service in the Indian military, receipt of a minimal pension from India deposited in an Indian bank account, and ownership of a house in India. Additionally, an immediate family member resides in India.

Disqualifying conditions under both guidelines were identified, specifically regarding foreign financial interests, foreign military service, and close ties to a foreign country. However, several mitigating conditions were applied. The applicant's military service in India predated his U.S. naturalization, and the value of his foreign assets was deemed inconsequential relative to his overall financial worth.

Furthermore, the applicant demonstrated minimal contact with family members in India, which reduced concerns about potential foreign influence. Based on these mitigating factors, the security concerns under Guidelines B and C were successfully resolved, and the applicant's security clearance was GRANTED.

Why the Applicant Prevailed

Applicant's military service occurred before obtaining U.S. citizenship, mitigating foreign preference concerns.
The value of the applicant's foreign assets is inconsequential compared to his total financial worth.
The applicant has minimal contact with family in India, reducing potential foreign influence.

Conditions Referenced

Disqualifying

E2.A3.1.2.3raisedMilitary Service or a Willingness to Bear Arms for a Foreign Country
E2.A3.1.2.4raisedAccepting Educational, Medical, or Other Benefits From a Foreign Country
E2.A2.1.2.1raisedAn Immediate Family Member Is a Citizen Of, or Resident In, a Foreign Country
E2.A2.1.2.8raisedA Substantial Financial Interest in a Foreign Country

Mitigating

E2.A3.1.3.2appliedIndicators of Possible Foreign Preference Occurred Before Obtaining U.S. Citizenship
E2.A2.1.3.1appliedImmediate Family Members Are Not Agents of a Foreign Power
E2.A2.1.3.2appliedContacts and Correspondence with Foreign Citizens Are Casual and Infrequent
E2.A2.1.3.5appliedForeign Financial Interests Are Minimal and Not Sufficient to Affect the Individual's Security Responsibilities

Key Rule Quoted

“The sole purpose of a security clearance determination is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”

Procedural Posture

SOR issuedJun 22, 2005
Answer filedJul 8, 2005Applicant admitted all allegations.
Hearing heldNov 21, 2005
Decision dateDec 22, 2005

Cite For

Mitigation of Foreign Preference Due to Prior Military Service Before U.S. Citizenship
Minimal Foreign Financial Interests Do Not Affect Security Responsibilities
Casual and Infrequent Contact with Foreign Family Members as a Mitigating Factor

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
2.a	An immediate family member, or a person to whom the individual has close ties of affection or obligation, is a citizen of, or resident or present in, a foreign country.	For Applicant	In Law in Foreign Country Immediate Family	India	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (h) foreign nationals acting to increase the individual’s vulnerability	(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	Claimed Foreign Assets Divested Documented Foreign Assets Divested Credited Foreign Assets Divested

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

An immediate family member, or a person to whom the individual has close ties of affection or obligation, is a citizen of, or resident or present in, a foreign country.

For Applicant

In Law in Foreign Country

Immediate Family

India

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(h) foreign nationals acting to increase the individual’s vulnerability

(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

Claimed

Foreign Assets Divested

Documented

Foreign Assets Divested

Credited

Foreign Assets Divested

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant served in the Indian military and receives a pension from India.	For Applicant	Foreign Military or Government Service	Admitted	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	(a) the foreign citizenship is not in conflict with U.S. national security interests	Claimed Other
1.b	Applicant has a house in India that he did not sell before immigrating to the U.S.	For Applicant	Foreign Benefits or Education	Admitted	(c) failure to use a U.S. passport when entering or exiting the U.S.	(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference	Claimed Other
1.c	Applicant receives a pension from India that is deposited in a bank account in India.	For Applicant	Foreign Benefits or Education	Admitted	(c) failure to use a U.S. passport when entering or exiting the U.S.	(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant served in the Indian military and receives a pension from India.

For Applicant

Foreign Military or Government Service

Admitted

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(a) the foreign citizenship is not in conflict with U.S. national security interests

Claimed

Other

1.b

Applicant has a house in India that he did not sell before immigrating to the U.S.

For Applicant

Foreign Benefits or Education

Admitted

(c) failure to use a U.S. passport when entering or exiting the U.S.

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

Claimed

Other

1.c

Applicant receives a pension from India that is deposited in a bank account in India.

For Applicant

Foreign Benefits or Education

Admitted

(c) failure to use a U.S. passport when entering or exiting the U.S.

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

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

SYNOPSIS

APPEARANCES

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES