Summary
A 31-year-old U.S. citizen was denied a trustworthiness determination for a sensitive Information Systems Position due to concerns under Guideline B (Foreign Influence). The applicant's family ties to Taiwan were central to the denial. Specifically, his mother-in-law, father-in-law, two sisters-in-law, and two brothers-in-law are all citizens and residents of Taiwan. Additionally, the applicant's mother and spouse are Taiwanese citizens residing with him in South Korea, where he has lived since 2004. One of his brothers also resides in Taiwan, while another lives in South Korea.
The applicant had traveled to Taiwan on at least eight occasions since 2004. Disqualifying conditions 7.a and 7.i were raised, pertaining to immediate family members or people with whom the applicant has a close relationship being foreign citizens, and the applicant having frequent contact with foreign citizens. While mitigating condition 8.a, indicating that the foreign contacts are not in a position to coerce the applicant, was applied, it was ultimately insufficient.
The denial was based on the applicant's failure to provide evidence regarding his in-laws in Taiwan. The decision concluded that his contacts with family members in Taiwan created a heightened risk of foreign exploitation, and he did not demonstrate that these relationships would avoid a conflict with U.S. interests.
Why the applicant was denied
- The applicant did not provide evidence regarding his in-laws who are citizens and residents of Taiwan.
- The applicant's contacts with family members in Taiwan created a heightened risk of foreign exploitation.
- The applicant failed to demonstrate that his relationships with foreign family members would not place him in a position of conflict with U.S. interests.
Conditions referenced
- 7.araisedContact with a Foreign Family Member Who Is a Citizen of or Resident in a Foreign Country
- 7.iraisedConduct That May Make the Individual Vulnerable to Exploitation by a Foreign Person
- 8.arejectedThe Nature of the Relationships with Foreign Persons Mitigates ConcernsThe applicant did not provide sufficient evidence regarding the nature of his relationships with his in-laws.
Key rule quoted
“The foreign influence concerns raised by the foreign citizenship and/or residency of an applicant's family member may be mitigated when it can be determined that the nature of the relationships with foreign persons... are such that it is unlikely the individual will be placed in a position of having to choose between the interests of a foreign individual... and the interests of the United States.”
Procedural posture
- SOR issuedDec 29, 2006
- Answer filedJan 10, 2007Applicant elected to proceed without a hearing.
- Hearing held—Written record determination.
- Decision dateJun 28, 2007
Cite for
- Failure to Mitigate Foreign Influence Concerns Under Guideline B
- Importance of Providing Evidence Regarding Foreign Family Ties
- Rebuttable Presumption of Family Ties Under Guideline B