Summary
A 24-year-old naturalized U.S. citizen, originally from Taiwan, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons alleged the applicant maintained foreign contacts, including family members who were formerly Taiwanese citizens and residents, and possessed a Taiwanese passport issued in January 2011, before his naturalization. It was also noted that he traveled to Taiwan in 2013 using his Taiwanese passport after receiving a U.S. passport, which he admitted was a mistake.
The government raised concerns that these actions indicated a preference for a foreign country and a potential for foreign influence. However, the applicant demonstrated strong mitigating factors. He surrendered his Taiwanese passport and initiated the process to renounce his Taiwanese citizenship by contacting the Taiwanese embassy for the necessary forms.
Furthermore, all of the applicant's immediate family members are now naturalized U.S. citizens, reducing foreign influence concerns. The applicant also established deep ties and relationships within the U.S., which indicated his loyalty to the country. These steps and demonstrated connections led to the favorable decision to grant the security clearance.
Why the Applicant Prevailed
- The applicant surrendered his Taiwanese passport and is in the process of renouncing his Taiwanese citizenship.
- The applicant's family members are all naturalized U.S. citizens, reducing concerns of foreign influence.
- The applicant has established deep ties and relationships in the U.S., indicating loyalty to the country.
Conditions Referenced
- 10.(a)raisedExercise of Any Right, Privilege or Obligation of Foreign Citizenship After Becoming a U.S. Citizen
- 7.(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
- 7.(b)raisedConnections to a Foreign Person, Group, Government, or Country That Create a Potential Conflict of Interest
- 7.(d)raisedSharing Living Quarters with a Person or Persons, Regardless of Citizenship Status, If That Relationship Creates a Heightened Risk of Foreign Inducement
- 11.(a)appliedDual Citizenship Is Based Solely on Parent’s Citizenship or Birth in a Foreign Country
- 11.(e)appliedThe Passport Has Been Destroyed, Surrendered to the Cognizant Security Authority, or Otherwise Invalidated
- 8.(a)appliedThe 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 Interests
- 8.(b)appliedThere Is No Conflict of Interest Due to Deep and Longstanding Relationships and Loyalties in the U.S.
- 8.(c)appliedContact or Communication with Foreign Citizens Is so Casual and Infrequent That There Is Little Likelihood of Risk
Key Rule Quoted
“The Government must make out a case under Guideline C (foreign preference) and Guideline B (foreign influence) that establishes doubt about a person's reliability and trustworthiness.”
Procedural Posture
- SOR issuedMay 10, 2016
- Answer filedJul 18, 2016
- Hearing heldDec 6, 2016
- Decision dateFeb 22, 2017
Cite For
- Mitigating Conditions for Foreign Preference Under Guideline C
- Mitigating Conditions for Foreign Influence Under Guideline B
- Consideration of Applicant's Ties to the U.S. in Security Clearance Decisions.