ISCR Case 01-26031.h1

Case Headnote

ISCR Case No. 01-26031.h1

grantedMay 30, 2002· Hon. William R. Kearney· hearing

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

Disqualifying

C.1raisedForeign InfluenceAn immediate family member is a citizen of a foreign country.
C.2raisedForeign PreferencePossession of a foreign passport.

Mitigating

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

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	An 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.	For Applicant	Parent in Foreign Country Immediate Family	China	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
2.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 or present in a foreign country.	For Applicant	Sibling in Foreign Country Immediate Family	China	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
2.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 or present in a foreign country.	For Applicant	Parent in Foreign Country Immediate Family	China	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.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 or present in a foreign country.

For Applicant

Parent in Foreign Country

Immediate Family

China

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

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

Credited

Deep U.S. Ties

2.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 or present in a foreign country.

For Applicant

Sibling in Foreign Country

Immediate Family

China

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

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

Credited

Deep U.S. Ties

2.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 or present in a foreign country.

For Applicant

Parent in Foreign Country

Immediate Family

China

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

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

Credited

Deep U.S. Ties

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

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Possession and/or use of a foreign passport

For Applicant

Foreign Passport Possession or Use

Admitted

(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.

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

Documented

Other

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Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision