CASE · Clearance Adjudication Search EngineCASE

Loading case…

ISCR Case 02-02499.h1 — CASE

Case record

ISCR Case 02-02499.h1

A decided public DOHA case, shown for research — not advice or a prediction.

Case Profile
Decision Date5/13/2003
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Burt Smith
Applicant Representation: Pro Se
Case Summary
The judge found that the applicant's family relations in China do not pose a security concern due to his strong ties to the United States. The applicant's contacts with his family are infrequent and primarily consist of phone calls and nominal monetary gifts. The decision concluded that the applicant mitigated any potential foreign influence concerns, resulting in a granted security clearance.
Guidelines Evaluated
- Guideline BForeign Influence · Unknown Outcome
- Guideline CForeign Preference · Unknown Outcome
Similar decisions
Other decisions whose allegations read most like this one. Descriptive similarity of the allegations only — not a prediction.
Finding similar decisions…

Case Headnote

ISCR Case No. 02-02499.h1

grantedMay 13, 2003· Hon. Burt Smith· hearing

Summary

This case involved a 45-year-old naturalized U.S. citizen, originally from the People's Republic of China, whose security clearance was initially questioned under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited his possession of a Chinese passport and the presence of immediate family members in China. These factors raised Disqualifying Conditions 1 and 2.

However, the applicant successfully mitigated these concerns. He returned his Chinese passport to the PRC embassy after becoming a U.S. citizen and explicitly renounced any claim of dual citizenship, asserting sole loyalty to the United States.

Ultimately, the applicant's family ties in China were not deemed to pose a security risk, given his strong connections to the U.S. As a result of these mitigating actions, including the application of Mitigating Conditions 1, 3, and 5, the applicant was granted a security clearance.

Why the Applicant Prevailed

The applicant returned his Chinese passport to the PRC embassy after becoming a U.S. citizen.
The applicant renounced any claim of dual citizenship, asserting loyalty solely to the United States.
The applicant's family ties in China were deemed not to pose a security risk due to his strong connections to the U.S.

Conditions Referenced

Disqualifying

DC 1raisedThe Exercise of Dual Citizenship.
DC 2raisedPossession And/or Use of a Foreign Passport.

Mitigating

MC 1appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship.
MC 3appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent.
MC 5appliedForeign Financial Interests Are Minimal and Not Sufficient to Affect the Individual's Security Responsibilities.

Key Rule Quoted

“Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of the national security.”
— Directive, Para. E2.2.2.

Procedural Posture

SOR issuedOct 9, 2002
Answer filedOct 18, 2002
Hearing heldJan 10, 2003
Decision dateMay 13, 2003

Cite For

Mitigation of Foreign Preference Concerns Through Timely Actions
Evaluation of Foreign Influence Based on Family Ties and Personal Connections
Consideration of the Whole Person Concept in Security Clearance Determinations

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Standardized Decision Profile

SEAD-4 Guideline B (Foreign Influence) · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The judge found that the applicant's family relations in China do not pose a security concern due to his strong ties to the United States. The applicant's contacts with his family are infrequent and primarily consist of phone calls and nominal monetary gifts. The decision concluded that the applicant mitigated any potential foreign influence concerns, resulting in a granted security clearance.

U.S. ties the decision noted: Naturalized U.S. Citizen · U.S. Children · U.S. Home or Property · U.S. Career or Business · Intent to Remain in U.S.

¶	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	People's Republic of China	Denied	(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 (c) contact so casual and infrequent there is little likelihood of risk (e) promptly complied with reporting requirements	Credited Deep U.S. Ties Claimed Contact Disclosed to Authorities

Descriptive standardized rendering of a decided public case (Guideline B). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline C (Foreign Preference) · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The applicant's possession of a foreign passport was mitigated by his timely action in returning the passport to the issuing government and renouncing any potential claim of dual citizenship. The judge found that the applicant's strong ties to the United States outweighed any concerns regarding foreign preference, leading to a favorable decision for the applicant.

¶	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	(a) applying for and/or acquiring citizenship in any other country (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	Credited Timely Action to Return Foreign Passport and Renounce Dual Citizenship

Descriptive standardized rendering of a decided public case (Guideline C). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.