Summary
A 38-year-old lead engineer for a major defense contractor was granted a security clearance after addressing concerns under Guideline B (Foreign Influence) and Guideline K (Handling Protected Information). The foreign influence concerns stemmed from his parents-in-law and brother-in-law, who are citizens of Taiwan. His parents-in-law have held U.S. green cards for five years, residing in the U.S. for half of the year in five of the past six years, and are actively preparing for U.S. citizenship.
The applicant successfully mitigated these concerns by demonstrating that his parents-in-law's status as green card holders preparing for citizenship reduced foreign influence risks. He also showed full integration into U.S. society with minimal contact or interest in Taiwan.
Additionally, the applicant addressed minor security violations from 1994 and 2000. These incidents did not result in any information leaks and were resolved with a positive attitude toward security responsibilities. The judge concluded that granting the clearance was consistent with national interest.
Why the Applicant Prevailed
- Applicant's parents-in-law are U.S. green card holders and are preparing for citizenship, reducing foreign influence concerns.
- Applicant is fully integrated into U.S. society with little contact or interest in Taiwan.
- The security violations were minor, did not result in information leaks, and were addressed with a positive attitude towards security responsibilities.
Conditions Referenced
- E2.A2.1.2.1raisedForeign Influence
- E2.A11.1.2.2raisedSecurity Violations
- E2.A2.1.3.1rejectedForeign InfluenceApplicant's relatives are not agents of a foreign power.
- E2.A2.1.3.3rejectedForeign InfluenceContacts with foreign citizens are not frequent.
- E2.A11.1.3.1appliedSecurity ViolationsViolations were inadvertent.
- E2.A11.1.3.2appliedSecurity ViolationsViolations were isolated and infrequent.
- E2.A11.1.3.4appliedSecurity ViolationsApplicant demonstrated a positive attitude towards security responsibilities.
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 issuedMar 30, 2006
- Answer filedApr 24, 2006Applicant responded to allegations.
- Hearing heldApr 25, 2007Applicant waived the 15 day notice requirement.
- Decision dateJun 30, 2007
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Evaluation of Minor Security Violations Under Guideline K
- Whole Person Analysis in Security Clearance Determinations