ISCR Case 01-19960.h1

Case Headnote

ISCR Case No. 01-19960.h1

grantedMay 20, 2002· Hon. Richard A. Cefola· hearing

Summary

A 33-year-old U.S. citizen, originally from South Korea, sought a security clearance under Guidelines B (Foreign Influence) and C (Foreign Preference). The Statement of Reasons raised concerns regarding his foreign ties, specifically that his parents, siblings, grandmother, and in-laws were all citizens and residents of South Korea. His spouse was also a South Korean citizen and U.S. permanent resident, though in the final stages of her U.S. citizenship application. The Statement also noted that the Applicant was born in South Korea in 1968, immigrated to the U.S. in 1987, and became a U.S. citizen in 1997. Although he still held a South Korean passport, it was no longer valid after he became a U.S. citizen.

The judge found that the Applicant was not a dual citizen, having renounced his South Korean citizenship upon becoming a U.S. citizen. He had also returned his South Korean passport and never used it after gaining U.S. citizenship. Furthermore, the judge determined that none of the Applicant's family members, including his father-in-law who was a high school teacher, had any connection to the South Korean government that could lead to foreign influence or preference.

Based on these findings, the judge concluded that there was no foreign influence or preference. The security clearance was GRANTED.

Why the Applicant Prevailed

The Applicant was not a dual citizen and had renounced his South Korean citizenship upon becoming a U.S. citizen.
The Applicant returned his South Korean passport and never used it after gaining U.S. citizenship.
Family members of the Applicant were not connected to the South Korean government and could not be exploited by a foreign power.

Conditions Referenced

Disqualifying

C2raisedPossession And/or Use of a Foreign Passport
B1raisedAn Immediate Family Member Is a Citizen of a Foreign Country

Mitigating

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

“An individual who demonstrates a foreign preference, or who is subject to a foreign influence, may be prone to provide information or make decisions that are harmful to the interests of the United States.”

Procedural Posture

SOR issuedDec 31, 2001
Answer filedJan 23, 2002
Hearing heldMay 1, 2002
Decision dateMay 20, 2002

Cite For

Mitigating Conditions Under Guideline B Regarding Foreign Influence
Mitigating Conditions Under Guideline C Regarding Foreign Preference
Criteria for Evaluating Foreign Influence and Preference in Security Clearance 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
1.a	The Applicant's parents and siblings have returned to South Korea. They are all citizens of South Korea. His mother is a housewife and has no connection with the government of South Korea. The Applicant's father is a doctor and has no connection with South Korea's government. The Applicant has two sisters, one is a housewife and the other a doctor. Neither sister has any connection with the government of South Korea. The Applicant's grandmother is a citizen of and resides in South Korea. She is 83 years old, helps his mother with housework, and has no connection with South Korea's government. His in laws are both citizens of and reside in South Korea. His mother-in-law is a retired school teacher and has no connection with the government of South Korea. His father-in-law is a high school teacher, and that is the only arguable connection he has with South Korea's government. The Applicant has other family members and friends who are citizens of and reside in South Korea. None have any connection with its government.	For Applicant	Parent in Foreign Country Immediate Family	South Korea	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
1.b	The Applicant's spouse, who is a citizen of South Korea, is a permanent resident of the U.S., and is in the final stages of her U.S. citizenship application. She has no connection with the government of South Korea.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	South Korea	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
1.c	The Applicant has other family members and friends who are citizens of and reside in South Korea. None have any connection with its government.	For Applicant	Extended Family in Foreign Country Extended Family	South Korea	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

The Applicant's parents and siblings have returned to South Korea. They are all citizens of South Korea. His mother is a housewife and has no connection with the government of South Korea. The Applicant's father is a doctor and has no connection with South Korea's government. The Applicant has two sisters, one is a housewife and the other a doctor. Neither sister has any connection with the government of South Korea. The Applicant's grandmother is a citizen of and resides in South Korea. She is 83 years old, helps his mother with housework, and has no connection with South Korea's government. His in laws are both citizens of and reside in South Korea. His mother-in-law is a retired school teacher and has no connection with the government of South Korea. His father-in-law is a high school teacher, and that is the only arguable connection he has with South Korea's government. The Applicant has other family members and friends who are citizens of and reside in South Korea. None have any connection with its government.

For Applicant

Parent in Foreign Country

Immediate Family

South Korea

Denied

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

1.b

The Applicant's spouse, who is a citizen of South Korea, is a permanent resident of the U.S., and is in the final stages of her U.S. citizenship application. She has no connection with the government of South Korea.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

South Korea

Denied

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

1.c

The Applicant has other family members and friends who are citizens of and reside in South Korea. None have any connection with its government.

For Applicant

Extended Family in Foreign Country

Extended Family

South Korea

Denied

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The Applicant was born in the Republic of Korea (South Korea) in 1968, but immigrated to the U.S. with his parents and siblings in 1987. He has lived in the U.S. for the last 15 years, although the rest of his family has returned to South Korea. The Applicant became a U.S. citizen in 1997. When he became a U.S. citizen, he lost his South Korean citizenship. Although he still held a current South Korean passport, that passport was not valid as he was no longer a South Korean citizen. Since becoming a U.S. citizen, he never used the South Korean passport, and has returned it to the South Korean Consulate.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	—
2.a–2.c	3 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The Applicant was born in the Republic of Korea (South Korea) in 1968, but immigrated to the U.S. with his parents and siblings in 1987. He has lived in the U.S. for the last 15 years, although the rest of his family has returned to South Korea. The Applicant became a U.S. citizen in 1997. When he became a U.S. citizen, he lost his South Korean citizenship. Although he still held a current South Korean passport, that passport was not valid as he was no longer a South Korean citizen. Since becoming a U.S. citizen, he never used the South Korean passport, and has returned it to the South Korean Consulate.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

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

—

2.a–2.c

3 sub-charges — specific text not stated in this decision (for the applicant).

For Applicant

—

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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