Summary
A naturalized U.S. citizen, originally from Hong Kong, was granted a security clearance despite initial concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). These concerns stemmed from the applicant's immediate family residing in Hong Kong and the possession of a valid Hong Kong passport.
Specifically, the Statement of Reasons cited the applicant's mother, sister, and two brothers as citizens and residents of Hong Kong. Additionally, the applicant held a valid Hong Kong passport. However, it was noted that none of these family members were agents of the Hong Kong government or any other foreign power.
The applicant successfully mitigated these concerns by surrendering his Hong Kong passport and formally changing his nationality. The judge determined that the applicant demonstrated a clear preference for the U.S. through his actions and lifestyle, including establishing his immediate family and financial interests solely within the U.S. The benign occupations of his family in Hong Kong further reduced the risk of foreign influence.
Why the Applicant Prevailed
- Applicant surrendered his Hong Kong passport and changed his nationality, complying with the Money Memorandum requirements.
- The applicant's immediate family members in Hong Kong are not agents of the government and have benign occupations, reducing the risk of foreign influence.
- The applicant has established his life in the U.S., with his immediate family residing there and no financial interests in Hong Kong.
Conditions Referenced
- E2.A2.1.2.1raisedForeign Influence Due to Immediate Family Ties in a Foreign Country.
- E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport.
- E2.A3.1.3.1appliedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign Country.
- E2.A3.1.3.2appliedIndicators of Possible Foreign Preference Occurred Before Obtaining United States Citizenship.
- E2.A3.1.4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship.
- E2.A2.1.3.1appliedImmediate Family Members Are Not Agents of a Foreign Power or in a Position to Be Exploited.
Key Rule Quoted
“"The only purpose of a security-clearance decision is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant."”
Procedural Posture
- SOR issuedJun 10, 2003
- Answer filedJul 19, 2003Applicant requested a decision based on a written record.
- Hearing held—No hearing; decision based on written record.
- Decision dateOct 26, 2004
Cite For
- Mitigation of Foreign Preference Through Renunciation of Foreign Passport
- Evaluation of Foreign Influence Based on Benign Family Ties
- Demonstration of Preference for U.S. Through Lifestyle and Actions