Summary
A naturalized U.S. citizen, originally from South Korea, was granted a security clearance despite initial concerns under Guideline B (Foreign Influence). The primary issue involved the applicant's spouse having close family ties in South Korea, raising potential disqualifying conditions related to foreign connections and divided loyalties.
However, the judge found that the spouse's family members were not agents of a foreign power, nor were they in positions susceptible to exploitation. Several mitigating conditions were applied, including the applicant's demonstrated commitment to the U.S. and lack of vulnerability to foreign influence. The applicant also showed no intent to return to South Korea for residence or employment, and his immediate family members are U.S. citizens.
Ultimately, the judge concluded that the applicant's spouse's family ties did not pose an unacceptable risk of foreign influence. Based on the evidence presented, the security clearance was granted.
Why the Applicant Prevailed
- The applicant demonstrated that his spouse's family members are not agents of a foreign power or in positions likely to be exploited.
- The applicant has no intent to return to South Korea to live or work, reducing potential foreign influence.
- The applicant's immediate family members are U.S. citizens, mitigating concerns about foreign influence.
Conditions Referenced
- E2.A2.1.2.1raisedAn 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.
- E2.A2.1.2.2raisedSharing Living Quarters with a Person or Persons, Regardless of Their Citizenship Status, If the Potential for Adverse Foreign Influence or Duress Exists.
- E2.A2.1.3.1appliedThe Family Member Is Not an Agent of a Foreign Power or in a Position to Be Exploited by a Foreign Power.
- E2.A2.1.3.3appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent.
- E2.A2.1.3.5appliedForeign Financial Interests Are Minimal and Not Sufficient to Affect the Individual's Security Responsibilities.
Key Rule Quoted
“A security risk may exist when an individual's immediate family, including cohabitants, and other persons to whom he or she may be bound by affection, influence, or obligation are not citizens of the United States or may be subject to duress.”
Procedural Posture
- SOR issuedAug 5, 2003
- Answer filedAug 22, 2003Applicant acted pro se initially.
- Hearing heldDec 12, 2003Hearing was rescheduled.
- Decision dateJun 18, 2004
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Consideration of Family Ties in Security Clearance Determinations
- Rebuttable Presumption Regarding Affection for Immediate Family Members Under Guideline B