ISCR Case 15-08606.h1

Case Headnote

ISCR Case No. 15-08606.h1

grantedJun 2, 2017· Hon. Martin H. Mogul· hearing

Summary

A 50-year-old naturalized U.S. citizen, originally from Albania, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons (SOR) alleged foreign preference due to the applicant's possession of an Albanian passport, issued in 2011 and valid until 2021. Foreign influence concerns stemmed from family members residing in Taiwan and Albania.

Specifically, the applicant's father-in-law, a farm owner, and mother-in-law, a retiree, are citizens and residents of Taiwan, with whom the applicant has limited communication due to language barriers. The applicant's brother-in-law, a U.S.-educated professor, and his U.S.-educated wife, a homemaker, are also citizens and residents of Taiwan. Additionally, the applicant's sister-in-law is a citizen and resident of Taiwan. The SOR also noted the applicant's monthly financial support to his mother in Albania, a practice he began in 2000.

The judge found that the applicant mitigated these concerns. The applicant destroyed his Albanian passport after becoming a U.S. citizen, demonstrating no preference for foreign citizenship. Contact with foreign family members was deemed limited and not to create a conflict of interest. The applicant's credible testimony and long-term U.S. residency evidenced strong loyalty to the United States, leading to the clearance being granted.

Why the Applicant Prevailed

The applicant destroyed his Albanian passport after becoming a U.S. citizen, demonstrating no preference for foreign citizenship.
The applicant's contact with foreign family members is limited and does not create a conflict of interest.
The applicant's strong loyalty to the U.S. was evidenced by his testimony and long-term residency.

Conditions Referenced

Disqualifying

C1raisedForeign Preference - Possession of a Current Foreign Passport
B1raisedForeign Influence - Contact with Foreign Family Members
B2raisedForeign Influence - Connections to Foreign Persons

Mitigating

C1appliedForeign Preference - Passport Has Been Destroyed or Invalidated
B1appliedForeign Influence - Nature of Relationship with Foreign Persons Is Unlikely to Create a Conflict of Interest
B2appliedForeign Influence - Minimal Loyalty or Obligation to Foreign Persons

Key Rule Quoted

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

Procedural Posture

SOR issuedJun 14, 2016
Answer filedJun 25, 2016
Hearing heldOct 20, 2016
Decision dateJun 2, 2017

Cite For

Mitigation of Foreign Preference Concerns Under Guideline C
Limited Foreign Influence Due to Infrequent Contact with Family Members
Demonstration of Loyalty to the U.S. as a Mitigating Factor

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
2.a	It is alleged in the SOR that Applicant’s father-in-law and mother-in-law are citizens and residents of Taiwan. Applicant testified that because his in-laws do not speak English and he does not speak Chinese his communication with the in-laws is very limited. His mother-in-law is retired, and his father-in-law owns a farm and produces medicinal herbs. (Tr at 55-58.)	For Applicant	In Law in Foreign Country Immediate Family	Taiwan	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
2.b	It is alleged in the SOR that Applicant’s brother-in-law is a citizen and resident of Taiwan, and he works as a professor at a Taiwanese university. Applicant testified that his brother-in-law was born in Taiwan, and he received a Ph.D. from a United States university. He now is employed as a professor in Taiwan. His wife, who was born in Taiwan, was also educated in the United States. She currently stays home to take care of their young child. (Tr at 58-60.)	For Applicant	In Law in Foreign Country Immediate Family	Taiwan	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
2.c	It is alleged in the SOR that Applicant’s sister-in-law is a citizen and resident of Taiwan. Applicant admitted this allegation.	For Applicant	In Law in Foreign Country Immediate Family	Taiwan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
2.d	It is alleged in the SOR that Applicant sends money to his mother in Albania on a monthly basis. Applicant testified that since 2000, when he graduated college and got a job, he initially sent his mother and father $300 a month, and he continued to send the money to his mother after his father died in 2011. (Tr at 60-61.)	For Applicant	Financial Support to Foreign Relative Immediate Family	Albania	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(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

2.a

It is alleged in the SOR that Applicant’s father-in-law and mother-in-law are citizens and residents of Taiwan. Applicant testified that because his in-laws do not speak English and he does not speak Chinese his communication with the in-laws is very limited. His mother-in-law is retired, and his father-in-law owns a farm and produces medicinal herbs. (Tr at 55-58.)

For Applicant

In Law in Foreign Country

Immediate Family

Taiwan

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

2.b

It is alleged in the SOR that Applicant’s brother-in-law is a citizen and resident of Taiwan, and he works as a professor at a Taiwanese university. Applicant testified that his brother-in-law was born in Taiwan, and he received a Ph.D. from a United States university. He now is employed as a professor in Taiwan. His wife, who was born in Taiwan, was also educated in the United States. She currently stays home to take care of their young child. (Tr at 58-60.)

For Applicant

In Law in Foreign Country

Immediate Family

Taiwan

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

2.c

It is alleged in the SOR that Applicant’s sister-in-law is a citizen and resident of Taiwan. Applicant admitted this allegation.

For Applicant

In Law in Foreign Country

Immediate Family

Taiwan

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

2.d

It is alleged in the SOR that Applicant sends money to his mother in Albania on a monthly basis. Applicant testified that since 2000, when he graduated college and got a job, he initially sent his mother and father $300 a month, and he continued to send the money to his mother after his father died in 2011. (Tr at 60-61.)

For Applicant

Financial Support to Foreign Relative

Immediate Family

Albania

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	It is alleged in the SOR that Applicant exercised his Albanian citizenship by possessing an Albanian passport issued on November 15, 2011, and not scheduled to expire until November 14, 2021.	For Applicant	Foreign Passport Possession or Use	Denied	(a) applying for and/or acquiring citizenship in any other country	(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	Documented Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

It is alleged in the SOR that Applicant exercised his Albanian citizenship by possessing an Albanian passport issued on November 15, 2011, and not scheduled to expire until November 14, 2021.

For Applicant

Foreign Passport Possession or Use

Denied

(a) applying for and/or acquiring citizenship in any other country

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

Documented

Other

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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