Summary
The applicant, a 60-year-old field engineer born in Taiwan and naturalized as a U.S. citizen, faced security concerns under Guideline B due to family ties in Taiwan and the PRC. The judge found that the applicant's strong connections to the U.S. and lack of significant foreign influence mitigated the concerns, resulting in the granting of his security clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant’s mother lives in Taiwan, and his son and his son’s spouse reside in the People’s Republic of China (PRC) (1.a). Applicant’s two brothers are citizens and residents of Taiwan; Applicant did not live with his brothers when he was growing up; and he does not communicate with them (1.b). Applicant’s brothers-in-law are citizens and residents of Taiwan. Applicant does not communicate with his brothers-in-law, except when he visits Taiwan (1.c). Applicant’s son is a dual citizen of the United States and Taiwan, and his son and his son’s spouse are employed in the PRC (1.d).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), AG ¶ 7(d). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b), AG ¶ 8(c). The decision turned on the following: The applicant demonstrated stronger ties to the United States than to Taiwan or the PRC; He provided financial support to his mother in Taiwan but had no significant foreign financial interests; The applicant's son and daughter-in-law, while employed in the PRC, do not have contact with the PRC government.
Why the Applicant Prevailed
- The applicant demonstrated stronger ties to the United States than to Taiwan or the PRC.
- He provided financial support to his mother in Taiwan but had no significant foreign financial interests.
- The applicant's son and daughter-in-law, while employed in the PRC, do not have contact with the PRC government.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Persons
- AG ¶ 7(d)raisedSharing Living Quarters with Foreign Persons
- AG ¶ 8(a)appliedU.S. Citizenship and Residence of Family Members
- AG ¶ 8(b)appliedNo Foreign Financial Interests
- AG ¶ 8(c)appliedStrong Community Ties and Character References
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedMar 4, 2015
- Answer filedApr 10, 2015
- Hearing heldSep 10, 2015
- Decision dateSep 22, 2015
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Importance of Strong U.S. Ties in Security Clearance Decisions
- Consideration of Family Connections in Foreign Influence Cases