ISCR Case 01-00341.h1

Case Headnote

ISCR Case No. 01-00341.h1

grantedJun 19, 2002· Hon. Wilford H. Ross· hearing

Summary

A 47-year-old naturalized American citizen, employed as a Principal Engineer/Scientist for a defense contractor, was granted a security clearance despite initial concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited his possession of a British passport after becoming a U.S. citizen, indicating a potential preference for another country. Additionally, concerns were raised regarding his in-laws, who are Chinese citizens residing in the People's Republic of China, potentially exposing him to foreign influence or duress.

To mitigate these concerns, the applicant took proactive steps to renounce his British citizenship and surrendered his British passport to the British Embassy. This action addressed the foreign preference issue.

Regarding foreign influence, the decision noted that the applicant's immediate family members are all American citizens. Crucially, there was no evidence presented that his in-laws in China were agents of a foreign government or in a position to be influenced by that government. These mitigating factors demonstrated that his family ties did not pose a risk of coercion, leading to the granting of his security clearance.

Why the Applicant Prevailed

The applicant took steps to renounce his British citizenship and surrendered his British passport to the British Embassy.
There was no evidence that the applicant's in-laws in China were agents of a foreign government or in a position to be influenced by that government.
The applicant's immediate family members are all American citizens, reducing the risk of foreign influence.

Conditions Referenced

Disqualifying

C2raisedPossession And/or Use of a Foreign Passport
B1raisedAn Immediate Family Member, or a Person to Whom the Individual Has Close Ties of Affection or Obligation, Is a Citizen Of, or Resident or Present In, a Foreign Country

Mitigating

C1appliedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign Country
C4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship
B1appliedA Determination That the Immediate Family Member(s) Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power

Key Rule Quoted

“Any determination under this order...shall be a determination in terms of the national interest and shall in no sense be a determination as to the loyalty of the applicant concerned.”
— Executive Order 10865

Procedural Posture

SOR issuedSep 21, 2001
Answer filedOct 15, 2001Requested decision without a hearing.
Hearing held—No hearing was conducted.
Decision dateJun 19, 2002

Cite For

Mitigating Conditions for Foreign Preference Under Guideline C
Mitigating Conditions for Foreign Influence Under Guideline B
Evidence of Renunciation of Foreign Citizenship as a Factor in Security Clearance Decisions

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	The Applicant is ineligible for clearance because he has immediate family members or people to whom he may be bound by affection or obligation who are not citizens of the United States, or may be subject to duress.	For Applicant	Parent in Foreign Country Immediate Family	People's Republic of China	Denied	—	—	—
2.b	The Applicant's father-in-law and mother-in-law are Chinese citizens and reside in the People's Republic of China.	For Applicant	In Law in Foreign Country Immediate Family	People's Republic of China	Denied	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

The Applicant is ineligible for clearance because he has immediate family members or people to whom he may be bound by affection or obligation who are not citizens of the United States, or may be subject to duress.

For Applicant

Parent in Foreign Country

Immediate Family

People's Republic of China

Denied

—

2.b

The Applicant's father-in-law and mother-in-law are Chinese citizens and reside in the People's Republic of China.

For Applicant

In Law in Foreign Country

Immediate Family

People's Republic of China

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The Applicant has acted in such a way as to show a preference for another country over the United States.	For Applicant	Foreign Citizenship Acquisition or Application	Denied	—	(a) the foreign citizenship is not in conflict with U.S. national security interests	—
1.b	The Applicant possessed a British passport after he became an American citizen.	For Applicant	Foreign Passport Possession or Use	Denied	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	(a) the foreign citizenship is not in conflict with U.S. national security interests (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	—
2	The Applicant is ineligible for clearance because he has immediate family members or people to whom he may be bound by affection or obligation who are not citizens of the United States, or may be subject to duress.	For Applicant	Unspecified Foreign Preference	Denied	—	—	—
2.b	specific text not stated in this decision	For Applicant	Unspecified Foreign Preference	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The Applicant has acted in such a way as to show a preference for another country over the United States.

For Applicant

Foreign Citizenship Acquisition or Application

Denied

—

(a) the foreign citizenship is not in conflict with U.S. national security interests

—

1.b

The Applicant possessed a British passport after he became an American citizen.

For Applicant

Foreign Passport Possession or Use

Denied

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(a) the foreign citizenship is not in conflict with U.S. national security interests

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

—

For Applicant

Unspecified Foreign Preference

Denied

—

2.b

specific text not stated in this decision

For Applicant

Unspecified Foreign Preference

Unknown

—

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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

FOOTNOTES