ISCR Case 14-03513.h1

Case Headnote

ISCR Case No. 14-03513.h1

grantedMay 8, 2015· Hon. Paul J. Mason· hearing

Summary

A 55-year-old naturalized U.S. citizen, originally from Taiwan, was granted a security clearance despite concerns under Guideline B (Foreign Influence) related to his family in Taiwan. The Statement of Reasons detailed three primary allegations. First, his 88-year-old mother, a Taiwanese citizen, has resided with him in the U.S. since May 2009, obtained a U.S. permanent resident card in March 2010, and plans to apply for U.S. citizenship in 2015. She was a housewife and never worked for the Taiwanese government.

Second, his 64-year-old brother, a Taiwanese citizen and resident, retired from the Republic of China (ROC) Coast Guard in 2012 due to health issues and receives a pension. He is no longer employed by the government or military. The applicant communicates with his brother weekly but last saw him in 2009. Third, his 84-year-old mother-in-law, a housewife with no government benefits, requires long-term care. The applicant contributes $10,000 annually, approximately 50% of her medical and living expenses, with his brother-in-law covering the remainder. He has not spoken with her since 2009, though his wife speaks to her bimonthly.

The decision to grant clearance was based on several mitigating factors. The judge noted the applicant's mother's long-term U.S. residency and impending citizenship application, his brother's retirement from government service, and the applicant's lack of property or business interests in Taiwan. Ultimately, the applicant's strong ties to the U.S. and the nature of his family relationships were found to mitigate the security concerns.

Why the Applicant Prevailed

Applicant's mother has lived in the U.S. since 2009 and is applying for U.S. citizenship.
Applicant's brother is retired and has no current ties to the Taiwanese government.
Applicant has no property or business interests in Taiwan and has strong ties to the U.S.

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 Conflict of Interest Due to Strong U.S. Ties

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedOct 24, 2014
Answer filedOct 24, 2014
Hearing heldFeb 10, 2015
Decision dateMay 8, 2015

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Consideration of Family Ties and U.S. Citizenship in Security Clearance Decisions
Whole-person Concept in Evaluating Security Clearance Eligibility

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 is 88 years old and is a citizen of Taiwan, but has lived in the United States with Applicant since May 2009. Before she immigrated, she was a housewife for about 64 years. When her husband (Applicant’s father) passed away in May 2009, Applicant brought her to the United States and his wife takes care of her at their home. Applicant’s mother obtained a U.S. permanent resident card in March 2010, and will be applying for U.S. citizenship in 2015. She never worked for the government of Taiwan.	For Applicant	Parent in Foreign Country Immediate Family	Taiwan 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	Applicant’s brother, 64 years old, is a citizen and resident of Taiwan. He worked for the Republic of China (ROC) Coast Guard before spinal and stomach problems forced him to retire in 2012. The brother receives a pension from the ROC Coast Guard. He lives in a house in the southern part of the country. He is no longer employed by the government or the military. Applicant telephones him weekly. He last saw his brother in Taiwan at their father’s funeral in May 2009.	For Applicant	Sibling in Foreign Country Immediate Family	Taiwan 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 mother-in-law is 84 years old and has been a housewife for 60 years. Applicant’s father-in-law is deceased. Her poor health requires long-term care. She does not receive any benefits or a pension from the Taiwanese government. Applicant pays $10,000, about 50% of the yearly cost of his mother-in-law’s medical and living expenses. His brother-in-law (his wife’s brother) pays the balance of the long-term care. Applicant has not spoken with his mother-in-law since his face-to-face contact with her at his father’s funeral in 2009. His wife speaks to her about once every two months.	For Applicant	In Law in Foreign Country Immediate Family	Taiwan 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

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s mother is 88 years old and is a citizen of Taiwan, but has lived in the United States with Applicant since May 2009. Before she immigrated, she was a housewife for about 64 years. When her husband (Applicant’s father) passed away in May 2009, Applicant brought her to the United States and his wife takes care of her at their home. Applicant’s mother obtained a U.S. permanent resident card in March 2010, and will be applying for U.S. citizenship in 2015. She never worked for the government of Taiwan.

For Applicant

Parent in Foreign Country

Immediate Family

Taiwan

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

Applicant’s brother, 64 years old, is a citizen and resident of Taiwan. He worked for the Republic of China (ROC) Coast Guard before spinal and stomach problems forced him to retire in 2012. The brother receives a pension from the ROC Coast Guard. He lives in a house in the southern part of the country. He is no longer employed by the government or the military. Applicant telephones him weekly. He last saw his brother in Taiwan at their father’s funeral in May 2009.

For Applicant

Sibling in Foreign Country

Immediate Family

Taiwan

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 mother-in-law is 84 years old and has been a housewife for 60 years. Applicant’s father-in-law is deceased. Her poor health requires long-term care. She does not receive any benefits or a pension from the Taiwanese government. Applicant pays $10,000, about 50% of the yearly cost of his mother-in-law’s medical and living expenses. His brother-in-law (his wife’s brother) pays the balance of the long-term care. Applicant has not spoken with his mother-in-law since his face-to-face contact with her at his father’s funeral in 2009. His wife speaks to her about once every two months.

For Applicant

In Law in Foreign Country

Immediate Family

Taiwan

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

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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