Summary
A 32-year-old dual U.S. and Taiwanese citizen was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant's parents, brother, and in-laws are resident citizens of Taiwan, while his wife and another brother are Taiwanese citizens residing in the U.S. He maintained close emotional relationships with his family in Taiwan, visiting them approximately once a year over the past decade, and admitted his parents continued to exert significant influence over him.
Specific concerns included his father-in-law's retirement from the Taiwanese government and his mother-in-law's current employment with that government. The applicant obtained Taiwanese passports twice after becoming a U.S. citizen, in 1996 and again in 2009, to fulfill his parents' wishes for him to maintain active Taiwanese citizenship and facilitate his eventual inheritance of part of their estate. Although he destroyed his 2009 Taiwanese passport in March 2009, he renewed it to maintain inheritance eligibility.
Despite holding an interim clearance from 2005 to 2009 without incident, the judge found that the applicant's dual citizenship, strong family ties in Taiwan, and actions taken to maintain Taiwanese citizenship, particularly for inheritance purposes, created an unmitigated risk of foreign influence and indicated a foreign preference. Consequently, his application for a security clearance was denied.
Why the Applicant Was Denied
- The applicant maintained dual citizenship with Taiwan and had significant family ties there, creating a heightened risk of foreign influence.
- He obtained Taiwanese passports after becoming a U.S. citizen to fulfill his parents' wishes regarding inheritance, indicating a preference for Taiwan over the U.S.
- The applicant's last-minute destruction of his Taiwanese passport did not alleviate the security concerns, as the underlying family influences remained intact.
Conditions Referenced
- AG ¶ 7(a)raisedForeign Influence: Contact with Foreign Family Members
- AG ¶ 10(a)(1)raisedForeign Preference: Possession of a Current Foreign Passport
- AG ¶ 10(b)raisedForeign Preference: Action to Acquire Recognition of Foreign Citizenship
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of the national security.”
Procedural Posture
- SOR issuedSep 9, 2009
- Answer filedSep 29, 2009
- Hearing heldJan 6, 2010
- Decision dateApr 8, 2010
Cite For
- Security Concerns Regarding Dual Citizenship Under Guideline C
- Impact of Foreign Family Ties on Security Clearance Eligibility Under Guideline B
- The Significance of Actions Taken to Maintain Foreign Citizenship After U.S. Naturalization