ISCR Case 12-04135.h1

Case Headnote

ISCR Case No. 12-04135.h1

grantedFeb 4, 2013· Hon. Henry Lazzaro· hearing

Summary

A 58-year-old dual citizen of the United States and the United Kingdom sought a security clearance, which was ultimately granted. The case primarily involved concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference).

Initial allegations noted the applicant's dual citizenship with the United Kingdom and his renewal of a UK passport in 2010, which he used for work-related foreign travel. His mother and two brothers are UK citizens, with whom he last visited in 2010 and maintains email contact with one brother. His wife is a dual citizen of the U.S. and Taiwan, and her mother, two sisters, and brother are Taiwanese citizens and residents. The applicant last visited Taiwan in 2009, and his wife last visited her Taiwanese relatives in 2012.

Mitigating factors included the applicant's limited contact with his UK relatives, having visited the UK only four or five times since immigrating to the U.S., and no contact with one brother for about 20 years. His wife also maintains irregular contact with her Taiwanese relatives and expressed an intent not to return to Taiwan due to strained relationships. Crucially, the applicant surrendered his United Kingdom passport, and his minimal contact with foreign relatives, combined with the strained family relationships in Taiwan, led to the determination that there was virtually no likelihood he would prioritize foreign interests over U.S. loyalty.

Why the Applicant Prevailed

Applicant has minimal contact with foreign relatives, reducing the risk of foreign influence.
He surrendered his United Kingdom passport, addressing foreign preference concerns.
The strained relationships with his wife's family in Taiwan further mitigate potential security risks.

Conditions Referenced

Disqualifying

DC 7(a)raisedContact with Foreign Family Members
DC 7(d)raisedSharing Living Quarters with Foreign Persons
DC 10(a)raisedExercise of Foreign Citizenship Rights

Mitigating

MC 8(a)appliedNature of Relationships with Foreign Persons
MC 8(b)appliedMinimal Conflict of Interest Due to Relationships
MC 8(c)appliedCasual and Infrequent Contact with Foreign Citizens
MC 11(e)appliedSurrender of Foreign Passport

Key Rule Quoted

“The sole purpose of a security clearance decision is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”

Procedural Posture

SOR issuedSep 19, 2012
Answer filedNov 14, 2012
Hearing heldJan 8, 2013
Decision dateFeb 4, 2013

Cite For

Mitigation of Foreign Influence Due to Limited Contact with Foreign Relatives
Surrender of Foreign Passport as a Mitigating Factor
Consideration of Strained Family Relationships in Foreign Preference Cases

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	Applicant’s mother and two brothers are citizens of the United Kingdom. Applicant last visited with his mother and one of his brothers in the United Kingdom in 2010. He maintains e-mail contact with one of his brothers.	For Applicant	Parent in Foreign Country Immediate Family	United Kingdom	Admitted	(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.	Claimed Deep U.S. Ties
2.b	Applicant’s wife is a dual citizen of the United States and Taiwan. Applicant’s mother-in-law, two sisters-in-law, and brother-in-law are citizens and residents of Taiwan. Applicant last visited Taiwan in 2009. His wife last visited Taiwan and her Taiwanese relatives in 2012.	For Applicant	In Law in Foreign Country Immediate Family	Taiwan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (d) counterintelligence information indicating unacceptable risk	(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.	Claimed Deep U.S. Ties
2.c	Applicant has only visited the United Kingdom four or five times since he immigrated to the United States. He has not had any contact with one of his brothers for about 20 years. His mother disapproves of his wife, and he has limited continuing contact with his mother.	For Applicant	Parent in Foreign Country Immediate Family	United Kingdom	Admitted	(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.	Claimed Deep U.S. Ties
2.d	specific text not stated in this decision	Withdrawn	Unspecified Foreign Relationship Other	—	Unknown	—	—	—
2.e	Applicant’s wife maintains irregular contact with her mother and sisters. Applicant testified his wife does not get along well with her relatives in Taiwan, and, following her last trip to Taiwan, she expressed her intent to never return to Taiwan.	For Applicant	In Law in Foreign Country Immediate Family	Taiwan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (d) counterintelligence information indicating unacceptable risk	(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.	Claimed Deep U.S. Ties
2.f	While Applicant and his wife visited with her one sister on a few occasions when that sister resided in the United States, there is no evidence of any continuing direct relationship between Applicant and his Taiwanese in-laws.	For Applicant	In Law in Foreign Country Immediate Family	Taiwan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (d) counterintelligence information indicating unacceptable risk	(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.	Claimed Deep U.S. Ties
2.g	Considering the strained relationships Applicant testified exist between his wife and her relatives in Taiwan, the little personal contact Applicant has with anyone in Taiwan, the nature and location of the business activities of Applicant’s relatives, and the nature of the activities directed against the United States by persons in Taiwan and the United States, there is virtually no likelihood that Applicant will be placed in a position to put the interest of any person or country ahead of his loyalty to the United States.	For Applicant	Unspecified Foreign Relationship Other	Taiwan HEIGHTENED RISK	Unknown	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant’s mother and two brothers are citizens of the United Kingdom. Applicant last visited with his mother and one of his brothers in the United Kingdom in 2010. He maintains e-mail contact with one of his brothers.

For Applicant

Parent in Foreign Country

Immediate Family

United Kingdom

Admitted

(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.

Claimed

Deep U.S. Ties

2.b

Applicant’s wife is a dual citizen of the United States and Taiwan. Applicant’s mother-in-law, two sisters-in-law, and brother-in-law are citizens and residents of Taiwan. Applicant last visited Taiwan in 2009. His wife last visited Taiwan and her Taiwanese relatives in 2012.

For Applicant

In Law in Foreign Country

Immediate Family

Taiwan

HEIGHTENED RISK

Admitted

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

(d) counterintelligence information indicating unacceptable risk

(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.

Claimed

Deep U.S. Ties

2.c

Applicant has only visited the United Kingdom four or five times since he immigrated to the United States. He has not had any contact with one of his brothers for about 20 years. His mother disapproves of his wife, and he has limited continuing contact with his mother.

For Applicant

Parent in Foreign Country

Immediate Family

United Kingdom

Admitted

(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.

Claimed

Deep U.S. Ties

2.d

specific text not stated in this decision

Withdrawn

Unspecified Foreign Relationship

Other

—

Unknown

—

2.e

Applicant’s wife maintains irregular contact with her mother and sisters. Applicant testified his wife does not get along well with her relatives in Taiwan, and, following her last trip to Taiwan, she expressed her intent to never return to Taiwan.

For Applicant

In Law in Foreign Country

Immediate Family

Taiwan

HEIGHTENED RISK

Admitted

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

(d) counterintelligence information indicating unacceptable risk

(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.

Claimed

Deep U.S. Ties

2.f

While Applicant and his wife visited with her one sister on a few occasions when that sister resided in the United States, there is no evidence of any continuing direct relationship between Applicant and his Taiwanese in-laws.

For Applicant

In Law in Foreign Country

Immediate Family

Taiwan

HEIGHTENED RISK

Admitted

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

(d) counterintelligence information indicating unacceptable risk

(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.

Claimed

Deep U.S. Ties

2.g

Considering the strained relationships Applicant testified exist between his wife and her relatives in Taiwan, the little personal contact Applicant has with anyone in Taiwan, the nature and location of the business activities of Applicant’s relatives, and the nature of the activities directed against the United States by persons in Taiwan and the United States, there is virtually no likelihood that Applicant will be placed in a position to put the interest of any person or country ahead of his loyalty to the United States.

For Applicant

Unspecified Foreign Relationship

Other

Taiwan

HEIGHTENED RISK

Unknown

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant is a dual citizen of the United States and the United Kingdom. He renewed his United Kingdom passport in 2010, and he used that passport on occasion to engage in foreign travel on behalf of his employer. The use of a foreign passport is the exercise of the right of foreign citizenship. Disqualifying Condition (DC) 10(a): exercise of any right, privilege or obligation or foreign citizenship after becoming a U.S. citizen or through the foreign citizenship of a family member applies.	For Applicant	Foreign Passport Possession or Use	Admitted	(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	Credited Surrender of Foreign Passport

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant is a dual citizen of the United States and the United Kingdom. He renewed his United Kingdom passport in 2010, and he used that passport on occasion to engage in foreign travel on behalf of his employer. The use of a foreign passport is the exercise of the right of foreign citizenship. Disqualifying Condition (DC) 10(a): exercise of any right, privilege or obligation or foreign citizenship after becoming a U.S. citizen or through the foreign citizenship of a family member applies.

For Applicant

Foreign Passport Possession or Use

Admitted

(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

Credited

Surrender of Foreign Passport

Loading case…

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision