ISCR Case 04-12363.h1

Case Headnote

ISCR Case No. 04-12363.h1

grantedNov 30, 2005· Hon. Kathryn Moen Braeman· hearing

Summary

A 54-year-old naturalized U.S. citizen, originally from Afghanistan, was granted a security clearance despite concerns under Guideline B (Foreign Influence) related to his family ties abroad. The applicant's wife, a U.S. permanent resident who plans to naturalize, married him in Pakistan in 1999 before coming to the U.S. in 2000.

The applicant has a brother in Afghanistan, to whom he provides $200 monthly support, and two sisters who are Afghan citizens residing in Germany with their German husbands, with whom he speaks regularly. Other relatives in Afghanistan include his mother-in-law, father-in-law, an uncle, and a cousin employed by the Afghan government's Ministry of Women's Affairs. The applicant had limited contact with his uncle and cousin during a past assignment in Afghanistan and has not spoken to them by telephone.

The clearance was granted because the applicant demonstrated strong ties to the U.S. and a commitment to prioritizing U.S. security interests. His minimal financial support to his brother was deemed insufficient to create vulnerability to coercion. Positive character and work assessments, particularly his role as a translator for U.S. interests, further supported his assurances.

Why the Applicant Prevailed

The applicant demonstrated strong ties to the U.S. and a commitment to U.S. security interests.
He provided minimal financial support to his brother in Afghanistan, indicating limited vulnerability to coercion.
The applicant's positive character and work assessments supported his assurances of prioritizing U.S. interests.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedAn 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.
E2.A2.1.2.6raisedConduct Which May Make the Individual Vulnerable to Coercion, Exploitation, or Pressure by a Foreign Government.

Mitigating

E2.A2.1.3.1appliedA Determination That the Immediate Family Member(s) Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power.
E2.A2.1.3.3appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent.

Key Rule Quoted

“The objective of the security-clearance process is the fair-minded, commonsense assessment of a person's trustworthiness and fitness for access to classified information.”

Procedural Posture

SOR issuedJul 26, 2005
Answer filedAug 24, 2005Notarized response to SOR.
Hearing heldNov 8, 2005Hearing conducted in a city near the applicant's residence.
Decision dateNov 30, 2005

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Strong U.S. Ties in Security Clearance Decisions
Assurances of Prioritizing U.S. Interests Over Foreign Family Ties

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 wife is a citizen of the United States and a permanent resident. She came to the U.S. in 2000 after they were married in Pakistan.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	—	Admitted	—	—	—
1.b	Applicant's wife has a social security card and plans to become a U.S. citizen as soon as the 5-year time limit is up.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	—	Admitted	—	—	—
1.c	Applicant has a brother who remains a citizen and resident of Afghanistan and is unemployed. He is married and has five children. Applicant provides $200 per month in financial support to this brother.	For Applicant	Financial Support to Foreign Relative Immediate Family	Afghanistan	Admitted	—	—	—
1.d	Applicant has a sister who is a citizen of Afghanistan and a resident of Germany with her German husband. Applicant speaks to her once a month.	For Applicant	Sibling in Foreign Country Extended Family	Germany	Admitted	—	—	—
1.e	Another sister is also a citizen of Afghanistan and a resident of Germany with her German husband. Applicant speaks to his sisters twice a month.	For Applicant	Sibling in Foreign Country Extended Family	Germany	Admitted	—	—	—
1.f	Applicant has other relatives in Afghanistan who are citizens and residents: his mother-in-law, a homemaker, and father-in-law, who owns a restaurant.	For Applicant	In Law in Foreign Country Extended Family	Afghanistan	Admitted	—	—	—
1.g	Applicant has an uncle, a retired tailor, and a cousin, who are citizens of Afghanistan, and reside there. He did not see his uncle while he was in Afghanistan.	For Applicant	Extended Family in Foreign Country Extended Family	Afghanistan	Admitted	—	—	—
1.h	This cousin in Afghanistan is employed by the Afghanistan government in the Ministry of Women's Affairs.	For Applicant	Business Associate in Foreign Country Extended Family GOVT-AFFILIATED	Afghanistan	Admitted	—	—	—
1.i	Applicant has spoken to his cousin only once while he was assigned in Afghanistan. He has not talked to either his uncle or cousin by telephone.	For Applicant	Unspecified Foreign Relationship Extended Family	Afghanistan	Admitted	—	—	—
1.j	Applicant married in August 1999 in Pakistan, but has not returned to Pakistan. His wife came to the U.S. in 2000 after they were married.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Pakistan	Admitted	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's wife is a citizen of the United States and a permanent resident. She came to the U.S. in 2000 after they were married in Pakistan.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

—

Admitted

—

1.b

Applicant's wife has a social security card and plans to become a U.S. citizen as soon as the 5-year time limit is up.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

—

Admitted

—

1.c

Applicant has a brother who remains a citizen and resident of Afghanistan and is unemployed. He is married and has five children. Applicant provides $200 per month in financial support to this brother.

For Applicant

Financial Support to Foreign Relative

Immediate Family

Afghanistan

Admitted

—

1.d

Applicant has a sister who is a citizen of Afghanistan and a resident of Germany with her German husband. Applicant speaks to her once a month.

For Applicant

Sibling in Foreign Country

Extended Family

Germany

Admitted

—

1.e

Another sister is also a citizen of Afghanistan and a resident of Germany with her German husband. Applicant speaks to his sisters twice a month.

For Applicant

Sibling in Foreign Country

Extended Family

Germany

Admitted

—

1.f

Applicant has other relatives in Afghanistan who are citizens and residents: his mother-in-law, a homemaker, and father-in-law, who owns a restaurant.

For Applicant

In Law in Foreign Country

Extended Family

Afghanistan

Admitted

—

1.g

Applicant has an uncle, a retired tailor, and a cousin, who are citizens of Afghanistan, and reside there. He did not see his uncle while he was in Afghanistan.

For Applicant

Extended Family in Foreign Country

Extended Family

Afghanistan

Admitted

—

1.h

This cousin in Afghanistan is employed by the Afghanistan government in the Ministry of Women's Affairs.

For Applicant

Business Associate in Foreign Country

Extended Family

GOVT-AFFILIATED

Afghanistan

Admitted

—

1.i

Applicant has spoken to his cousin only once while he was assigned in Afghanistan. He has not talked to either his uncle or cousin by telephone.

For Applicant

Unspecified Foreign Relationship

Extended Family

Afghanistan

Admitted

—

1.j

Applicant married in August 1999 in Pakistan, but has not returned to Pakistan. His wife came to the U.S. in 2000 after they were married.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Pakistan

Admitted

—

Loading case…

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

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES