ISCR Case 01-19939.h1

Case Headnote

ISCR Case No. 01-19939.h1

grantedDec 16, 2002· Hon. John Grattan Metz, Jr.· hearing

Summary

A 27-year-old naturalized U.S. citizen, originally from Hong Kong, was granted a security clearance despite initial concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited the applicant's immediate family members residing in a foreign country and her possession and use of a foreign passport. Specifically, the applicant held a British National Overseas passport, and her parents resided in Hong Kong.

Disqualifying conditions related to foreign influence and foreign preference were raised. However, the judge found that the applicant successfully mitigated these concerns. The applicant formally renounced her foreign citizenship and surrendered her British National Overseas passport, demonstrating a clear preference for her U.S. citizenship.

Furthermore, the applicant's parents are now legal permanent residents of the U.S. and are not considered to be in a position where they could be exploited by foreign powers. The applicant also established that she has no financial ties or obligations to Hong Kong or the People's Republic of China. Based on these mitigating factors, the security clearance was granted.

Why the Applicant Prevailed

Applicant formally renounced her foreign citizenship and surrendered her British National Overseas passport.
Applicant's parents are legal permanent residents of the U.S. and not in a position to be exploited by foreign powers.
The applicant has no financial ties or obligations to Hong Kong or the PRC.

Conditions Referenced

Disqualifying

E2.A3.1.2.1raisedExercise of Dual Citizenship
E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport
E2.A2.1.2.1raisedImmediate Family Member Is a Citizen of a Foreign Country

Mitigating

E2.A3.1.3.2appliedIndicators of Possible Foreign Preference Occurred Before Obtaining U.S. Citizenship
E2.A3.1.3.4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship
E2.A2.1.3.1appliedImmediate Family Members Are Not Agents of a Foreign Power

Key Rule Quoted

“The Government has a compelling interest in ensuring those entrusted with this Nation's secrets will make decisions free of concerns for the foreign countries of which one is also a citizen in cases of dual citizenship.”

Procedural Posture

SOR issuedMay 10, 2002
Answer filedMay 30, 2002
Hearing heldDec 3, 2002
Decision dateDec 16, 2002

Cite For

Mitigation of Foreign Influence Concerns When Family Members Are U.S. Permanent Residents
Formal Renunciation of Foreign Citizenship as a Mitigating Factor Under Guideline C
Consideration of Applicant's Long-term Residence and Education in the U.S.

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	An immediate family member, or a person to whom the individual has close ties of affection or obligation, is a citizen of, or resident in, a foreign country.	For Applicant	Parent in Foreign Country Immediate Family	Hong Kong	Admitted	—	(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.	Credited Severed Foreign Contact Credited Deep U.S. Ties
1.b	An immediate family member, or a person to whom the individual has close ties of affection or obligation, is a citizen of, or resident in, a foreign country.	For Applicant	Parent in Foreign Country Immediate Family	Hong Kong	Admitted	—	(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.	Credited Severed Foreign Contact Credited Deep U.S. Ties
1.c	An immediate family member, or a person to whom the individual has close ties of affection or obligation, is a citizen of, or resident in, a foreign country.	For Applicant	Parent in Foreign Country Immediate Family	Hong Kong	Admitted	—	(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.	Credited Severed Foreign Contact Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

An immediate family member, or a person to whom the individual has close ties of affection or obligation, is a citizen of, or resident in, a foreign country.

For Applicant

Parent in Foreign Country

Immediate Family

Hong Kong

Admitted

—

(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.

Credited

Severed Foreign Contact

Credited

Deep U.S. Ties

1.b

An immediate family member, or a person to whom the individual has close ties of affection or obligation, is a citizen of, or resident in, a foreign country.

For Applicant

Parent in Foreign Country

Immediate Family

Hong Kong

Admitted

—

(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.

Credited

Severed Foreign Contact

Credited

Deep U.S. Ties

1.c

An immediate family member, or a person to whom the individual has close ties of affection or obligation, is a citizen of, or resident in, a foreign country.

For Applicant

Parent in Foreign Country

Immediate Family

Hong Kong

Admitted

—

(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.

Credited

Severed Foreign Contact

Credited

Deep U.S. Ties

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	Possession and/or use of a foreign passport	For Applicant	Foreign Passport Possession or Use	Admitted	—	(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

Possession and/or use of a foreign passport

For Applicant

Foreign Passport Possession or Use

Admitted

—

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

—

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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