Summary
A 44-year-old naturalized U.S. citizen, originally from Taiwan, was denied a security clearance under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant admitted to dual citizenship with Taiwan, maintaining financial ties there, and having close family connections in the country. These factors raised significant security concerns for the government.
Specifically, the Statement of Reasons cited the applicant's close contacts with family members who are citizens and residents of Taiwan, as well as a bank account in Taiwan holding approximately $1,000 USD. Additionally, the applicant's wife, also a naturalized U.S. citizen, has parents who are citizens and residents of Taiwan.
The judge denied the application, concluding that the applicant failed to mitigate the government's concerns regarding potential foreign influence and preference. The decision highlighted the applicant's dual citizenship, ongoing financial ties including a bank account and business interests in Taiwan, and close family ties to the country, which collectively presented a risk of foreign influence and a potential conflict of interest.
Why the Applicant Was Denied
- The applicant admitted to having dual citizenship with Taiwan, which raised security concerns under Guideline B and C.
- The applicant maintained financial ties to Taiwan, including a bank account and business interests, which posed a risk of foreign influence.
- The applicant's close family ties to Taiwan, including a mother and in-laws residing there, created a potential conflict of interest.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to a Foreign Country Creating Potential Conflict of Interest
- AG ¶ 7(d)raisedSharing Living Quarters with a Person Connected to a Foreign Country
- AG ¶ 7(e)raisedSubstantial Business or Financial Interest in a Foreign Country
- AG ¶ 8(a)rejectedNature of Relationships with Foreign Persons Unlikely to Create ConflictThe applicant's relationships with family members in Taiwan were deemed to create a heightened risk of foreign influence.
- AG ¶ 8(b)rejectedMinimal Conflict of Interest Due to Loyalty to U.S.The applicant's ties to Taiwan were significant and could not be considered minimal.
- AG ¶ 8(c)rejectedCasual and Infrequent Contact with Foreign CitizensThe applicant's frequent communication with family in Taiwan was not considered casual.
- AG ¶ 8(f)rejectedRoutine Nature of Foreign Business Interests Unlikely to InfluenceThe applicant's business interests in Taiwan were substantial and posed a risk of influence.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedSep 7, 2010
- Answer filedOct 20, 2010Requested decision on the record.
- Hearing held—No hearing; decision made on the record.
- Decision dateFeb 28, 2011
Cite For
- Security Concerns Related to Dual Citizenship Under Guideline B and C
- Impact of Foreign Family Ties on Security Clearance Eligibility
- Failure to Mitigate Foreign Influence Risks in Security Clearance Cases