Summary
A 44-year-old U.S. citizen, employed as an assembler III and originally from Laos, was granted a security clearance despite concerns under Guideline B (Foreign Influence). The Department of Hearings and Appeals (DOHA) raised allegations due to her immediate family members' Laotian citizenship and residency. Specifically, her parents, two sisters, and two brothers reside in Laos, with one brother employed by his local city government. Additionally, two other brothers living in the U.S. retain Laotian citizenship.
Further concerns included the applicant's correspondence with relatives in Laos, her provision of financial assistance to her parents every couple of months, and two past trips to Laos to visit family. These factors led DOHA to cite disqualifying conditions related to foreign influence.
However, the judge applied mitigating conditions, finding that the applicant had established strong ties and demonstrated loyalty to the U.S. The judge noted that her contact with family in Laos was not frequent or significant enough to suggest vulnerability to foreign influence, and her family members in Laos did not hold positions of authority that could compromise her loyalty. Consequently, the security clearance was granted.
Why the Applicant Prevailed
- The applicant established strong ties to the U.S. and demonstrated loyalty to the country.
- She has not engaged in frequent or significant contact with her family in Laos that would suggest vulnerability to foreign influence.
- The applicant's family members in Laos are not in positions of influence or authority that could compromise her loyalty to the U.S.
Conditions Referenced
- E2.A2.1.2.1raisedImmediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country
- E2.A2.1.2.3raisedRelatives Connected with Any Foreign Government
- E2.A2.1.3.1appliedImmediate Family Members Are Not Agents of a Foreign Power or in a Position to Be Exploited
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 issuedFeb 7, 2003
- Answer filedFeb 26, 2003
- Hearing heldJul 16, 2003
- Decision dateDec 18, 2003
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Importance of Demonstrating Loyalty to the U.S. in Security Clearance Cases
- Evaluation of Family Ties and Their Impact on Security Risk Assessments