Summary
A 58-year-old naturalized U.S. citizen and defense contractor, originally from Taiwan, was granted a security clearance despite concerns under Guidelines B (Foreign Influence) and C (Foreign Preference). The Statement of Reasons alleged dual citizenship with Taiwan, maintained to protect eligibility for a $60 monthly pension, and connections to the Taiwanese military from four months of service in 1982 and 15 years at a defense research agency.
Further concerns included the applicant's brother, three sisters, father-in-law, mother-in-law, and a friend residing in Taiwan, raising the possibility that their interests could be threatened, forcing a choice between their welfare and U.S. interests. However, the applicant had minimal contact with his family, speaking to them only once or twice a year, and had not contacted his friend since 2008. He also had not voted in any Taiwanese elections since immigrating to the U.S.
The judge found that the applicant successfully mitigated these concerns. He renounced his Taiwanese citizenship and expressed no interest in the pension. His contacts with Taiwanese citizens were minimal and infrequent, and he demonstrated strong loyalty and deep ties to the United States, living and voting solely as a U.S. citizen.
Why the Applicant Prevailed
- Applicant renounced his Taiwanese citizenship and has no interest in receiving a Taiwanese pension.
- His contacts with Taiwanese citizens are minimal and infrequent, reducing the risk of foreign influence.
- He has established deep ties and loyalty to the United States, including voting and living solely as a U.S. citizen.
Conditions Referenced
- C10(e)raisedUsing Foreign Citizenship to Protect Financial or Business Interests in Another Country in Violation of U.S. Law.The government alleged the applicant maintained dual citizenship to protect a pension.
- B7(a)raisedContact with a Foreign Family Member, Business or Professional Associate, Friend, or Other Person Who Is a Citizen of or Resident in a Foreign Country.The applicant has family members in Taiwan.
- C11(b)appliedDual Citizenship Is Based Solely on Parental Citizenship or Birth in a Foreign Country, and There Is No Evidence of Foreign Preference.
- C11(c)appliedThe Individual Has Expressed a Willingness to Renounce the Foreign Citizenship That Is in Conflict with U.S. National Security Interests.
- C11(d)appliedThe Exercise of the Rights, Privileges, or Obligations of Foreign Citizenship Occurred Before the Individual Became a U.S. Citizen.
- B8(b)appliedThere Is No Conflict of Interest Due to Deep and Longstanding Relationships and Loyalties in the United States.
- B8(c)appliedContact or Communication with Foreign Citizens Is so Casual and Infrequent That There Is Little Likelihood That It Could Create a Risk for Foreign Influence or Exploitation.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedSep 29, 2015
- Answer filedOct 16, 2015
- Hearing held—Decided on the written record.
- Decision dateJun 8, 2017
Cite For
- Mitigation of Foreign Preference Concerns Due to Renunciation of Dual Citizenship
- Minimal Foreign Contacts Mitigating Foreign Influence Risks
- Demonstrated Loyalty to the U.S. Through Actions and Relationships