Summary
The applicant, a 29-year-old naturalized U.S. citizen originally from Vietnam, sought a security clearance under Guideline B due to concerns about foreign influence stemming from her relatives in Vietnam. The judge found that the applicant's family members were not agents of the Socialist Republic of Vietnam and that the applicant had strong ties to the U.S., mitigating the security concerns. Consequently, the clearance was granted.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: The applicant has an aunt and uncle who are citizens and residents of Vietnam (1.a). The applicant's mother is a citizen of Vietnam and a permanent resident of the U.S. applying for U.S. citizenship (1.b). The applicant has a father who is a naturalized U.S. citizen and has a history of being imprisoned in Vietnam (1.c). The applicant has a husband who is a naturalized U.S. citizen (1.d).
The judge granted the clearance. The government raised disqualifying conditions E2.A2.1.2.1. The judge applied mitigating conditions E2.A2.1.3.1, E2.A2.1.3.3. The decision turned on the following: The applicant's immediate family members in Vietnam are not agents of the Socialist Republic of Vietnam; The applicant has no foreign investments or financial interests in Vietnam; The applicant's relationships with her relatives in Vietnam are infrequent and casual.
Why the Applicant Prevailed
- The applicant's immediate family members in Vietnam are not agents of the Socialist Republic of Vietnam.
- The applicant has no foreign investments or financial interests in Vietnam.
- The applicant's relationships with her relatives in Vietnam are infrequent and casual.
Conditions Referenced
- E2.A2.1.2.1raisedForeign Influence Disqualifying Condition
- E2.A2.1.3.1appliedForeign Influence Mitigating ConditionThe applicant's relatives are not agents of a foreign power in a position to be exploited.
- E2.A2.1.3.3appliedForeign Influence Mitigating ConditionContact and correspondence with foreign citizens are casual and infrequent.
Key Rule Quoted
“The mere possession of family ties with a person in a foreign country is not, as a matter of law, disqualifying under Guideline B.”
Procedural Posture
- SOR issuedNov 17, 2003
- Answer filedDec 2, 2003
- Hearing heldMar 10, 2004via video-teleconference
- Decision dateMar 22, 2004
Cite For
- Evaluation of Foreign Influence Under Guideline B
- Mitigating Conditions Related to Family Ties in Foreign Countries
- Impact of U.S. Citizenship of Immediate Family Members on Security Clearance Decisions