ISCR Case 02-04049.h1

Case Headnote

ISCR Case No. 02-04049.h1

grantedApr 28, 2003· Hon. Philip S. Howe· hearing

Summary

A U.S. citizen, originally from Taiwan, was granted a security clearance despite initial concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited his dual citizenship with Taiwan, his physical possession of a Taiwanese passport, and the presence of multiple immediate family members residing in Taiwan. These conditions raised disqualifying concerns regarding foreign preference and potential foreign influence.

However, the applicant successfully mitigated these concerns. He formally renounced his Taiwanese citizenship and surrendered his passport, demonstrating a clear commitment to the United States. Additionally, both the applicant and his spouse expressed a strong preference for raising their children and pursuing their education in the U.S.

Crucially, there was no evidence to suggest that the applicant's family members in Taiwan were agents of a foreign power or that they could exert undue coercion over him. Based on these mitigating factors, the security clearance was granted.

Why the Applicant Prevailed

Applicant formally renounced his Taiwanese citizenship and surrendered his passport, demonstrating commitment to the U.S.
The applicant and his spouse expressed a clear preference for living in the U.S. for their children's education.
No evidence indicated that the applicant's family members in Taiwan were agents of a foreign power or could coerce him.

Conditions Referenced

Disqualifying

E2.A3.1.2.1raisedExercise of Dual Citizenship
E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport

Mitigating

E2.A3.1.3.1rejectedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign Country
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
E2.A2.1.3.5appliedForeign Financial Interests Are Minimal

Key Rule Quoted

“Each adjudicative decision must also include an assessment of: (1) the nature, extent, and seriousness of the conduct; (2) the circumstances surrounding the conduct, and the extent of knowledgeable participation; (3) how recent and frequent the behavior was; (4) the individual's age and maturity at the time of the conduct; (5) the voluntariness of participation; (6) the presence or absence of rehabilitation and other pertinent behavioral changes; (7) the motivation for the conduct; (8) the potential for pressure, coercion, exploitation, or duress; and (9) the likelihood of continuation or recurrence.”

Procedural Posture

SOR issuedNov 14, 2002
Answer filedDec 4, 2002Applicant requested a hearing.
Hearing heldMar 17, 2003Hearing convened by Administrative Judge Howe.
Decision dateApr 28, 2003

Cite For

Mitigation of Foreign Preference Concerns Through Formal Renunciation of Citizenship
Demonstrating Preference for U.S. Residency Despite Family Ties Abroad
Assessment of Foreign Influence Based on Family Relationships and Their Potential for Coercion

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	Taiwan	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (e) promptly complied with reporting requirements	—
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	Taiwan	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (e) promptly complied with reporting requirements	—
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	In Law in Foreign Country Immediate Family	Taiwan	Denied	—	—	—
2.d	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	Extended Family in Foreign Country Extended Family	Taiwan	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (e) promptly complied with reporting requirements	—

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

Taiwan

Admitted

—

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

(e) promptly complied with reporting requirements

—

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

Taiwan

Admitted

—

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

(e) promptly complied with reporting requirements

—

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

In Law in Foreign Country

Immediate Family

Taiwan

Denied

—

2.d

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

Extended Family in Foreign Country

Extended Family

Taiwan

Admitted

—

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

(e) promptly complied with reporting requirements

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant possessed dual citizenship with TRC, and he had physical possession of a TRC passport.	For Applicant	Foreign Citizenship Acquisition or Application	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 (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Documented Other
1.b	Applicant retained possession of his Taiwanese passport after becoming a U.S. citizen.	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 (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Documented Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant possessed dual citizenship with TRC, and he had physical possession of a TRC passport.

For Applicant

Foreign Citizenship Acquisition or Application

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

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

Documented

Other

1.b

Applicant retained possession of his Taiwanese passport after becoming a U.S. citizen.

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

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

Documented

Other

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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