ISCR Case 08-08674.h1

Case Headnote

ISCR Case No. 08-08674.h1

grantedDec 10, 2009· Hon. Darlene Lokey Anderson· hearing

Summary

A 34-year-old naturalized U.S. citizen, originally from Taiwan, was granted a security clearance despite initial concerns under Guideline B (Foreign Influence). The Statement of Reasons highlighted that her biological parents and three biological brothers are citizens and residents of Taiwan. Additionally, the applicant has traveled to Taiwan to visit family and friends, and her two adopted children (biological niece and nephew) are also from Taiwan, though they desire to remain permanently in the U.S. These facts raised Disqualifying Condition 7(a).

However, the judge found that several mitigating conditions applied. The applicant demonstrated strong ties to the United States, having resided there for most of her life. Her contact with her biological family in Taiwan was described as limited and infrequent, addressing concerns about potential foreign influence.

Furthermore, the applicant expressed a clear willingness to renounce her Taiwanese citizenship and had already destroyed her Taiwanese passport. These actions, combined with her strong U.S. ties and infrequent foreign contact, led to the application of Mitigating Conditions 8(a), 8(b), and 8(c), resulting in the security clearance being granted.

Why the Applicant Prevailed

The applicant demonstrated strong ties to the United States, having lived there for most of her life and becoming a naturalized citizen.
She maintained only casual and infrequent contact with her biological family in Taiwan, which mitigated foreign influence concerns.
The applicant expressed a willingness to renounce her Taiwanese citizenship and had destroyed her Taiwanese passport.

Conditions Referenced

Disqualifying

7(a)raisedContact with Foreign Family MembersThe applicant has foreign contacts that could create a potential for foreign influence.

Mitigating

8(a)appliedNature of Relationships with Foreign PersonsThe applicant's relationships with her foreign family members are unlikely to place her in a position of divided loyalties.
8(b)appliedMinimal Conflict of InterestThe applicant's deep ties to the U.S. and lack of emotional bond with her foreign family mitigate concerns.
8(c)appliedCasual and Infrequent ContactThe applicant's contact with her family is so limited that it poses little risk for foreign influence.

Key Rule Quoted

“The Government must make out a case under Guideline B (foreign influence) that establishes doubt about a person's judgment, reliability and trustworthiness.”

Procedural Posture

SOR issuedJun 17, 2009
Answer filedJul 6, 2009
Hearing heldSep 23, 2009
Decision dateDec 10, 2009

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Strong Ties to the U.S. in Security Clearance Cases
Impact of Infrequent Contact with Foreign Family Members on Security Clearance Eligibility

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
1.a	The Applicant’s biological parents are citizens of and reside in Taiwan.	For Applicant	Parent in Foreign Country Immediate Family	Taiwan HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk	Claimed Severed Foreign Contact
1.b	The Applicant has three biological brothers who are citizens of and reside in Taiwan.	For Applicant	Sibling in Foreign Country Immediate Family	Taiwan HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk	Claimed Severed Foreign Contact
1.c	The Applicant has two adopted children, who are actually her biological niece and nephew. They both want to permanently stay in the United States.	For Applicant	Unspecified Foreign Relationship Immediate Family	Taiwan HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk	Documented Deep U.S. Ties
1.d	The Applicant has traveled to Taiwan to visit family and friends who are citizens and residents of Taiwan.	For Applicant	Friend in Foreign Country Friend	Taiwan HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk	Claimed Severed Foreign Contact

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

The Applicant’s biological parents are citizens of and reside in Taiwan.

For Applicant

Parent in Foreign Country

Immediate Family

Taiwan

HEIGHTENED RISK

Denied

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Severed Foreign Contact

1.b

The Applicant has three biological brothers who are citizens of and reside in Taiwan.

For Applicant

Sibling in Foreign Country

Immediate Family

Taiwan

HEIGHTENED RISK

Denied

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Severed Foreign Contact

1.c

The Applicant has two adopted children, who are actually her biological niece and nephew. They both want to permanently stay in the United States.

For Applicant

Unspecified Foreign Relationship

Immediate Family

Taiwan

HEIGHTENED RISK

Denied

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(c) contact so casual and infrequent there is little likelihood of risk

Documented

Deep U.S. Ties

1.d

The Applicant has traveled to Taiwan to visit family and friends who are citizens and residents of Taiwan.

For Applicant

Friend in Foreign Country

Friend

Taiwan

HEIGHTENED RISK

Denied

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Severed Foreign Contact

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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

CONCLUSION

FORMAL FINDINGS

DECISION