Summary
A 33-year-old naturalized U.S. citizen, originally from China, was granted a Top Secret security clearance despite initial concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited her prior possession of a Chinese passport and the citizenship status of immediate family members in China.
Disqualifying conditions related to foreign preference were raised, specifically regarding the possession and/or use of a foreign passport and the foreign citizenship or residency of close family members. However, these concerns were mitigated by the Applicant's actions and demonstrated loyalty.
Prior to the hearing, the Applicant renounced her Chinese citizenship and surrendered her Chinese passport. She also demonstrated strong allegiance to the United States, having resided in the U.S. for over a decade and married a U.S. citizen. Furthermore, her immediate family members were found not to pose an unacceptable security risk, as her mother is in the process of immigrating to the U.S. and her father is a permanent resident. Based on these factors, the Administrative Judge granted the security clearance.
Why the applicant prevailed
- The Applicant renounced her Chinese citizenship and surrendered her Chinese passport prior to the hearing.
- She demonstrated strong loyalty and allegiance to the United States, having lived in the U.S. for over a decade and married a U.S. citizen.
- The Applicant's immediate family members do not pose an unacceptable security risk, as her mother is in the process of immigrating to the U.S. and her father is a permanent resident.
Conditions referenced
- C.1raisedForeign InfluenceAn immediate family member is a citizen of a foreign country.
- C.2raisedForeign PreferencePossession of a foreign passport.
- C.1appliedForeign InfluenceThe immediate family members do not constitute an unacceptable security risk.
- C.2appliedForeign PreferenceThe Applicant's possession of a foreign passport occurred before obtaining U.S. citizenship.
Key rule quoted
“"A determination that the immediate family member(s), cohabitant, or associate(s) in question would not constitute an unacceptable security risk;"”
Procedural posture
- SOR issuedJan 15, 2002
- Answer filedFeb 11, 2002Applicant admitted all allegations.
- Hearing heldMay 3, 2002Hearing rescheduled from April 25, 2002.
- Decision dateMay 30, 2002
Cite for
- Mitigation of Foreign Influence Concerns Due to Family Immigration Status
- Demonstrated Loyalty to the United States Despite Prior Foreign Citizenship
- Relinquishment of Foreign Passport as a Mitigating Factor Under Guideline C