Summary
The Applicant, a 52-year-old U.S. citizen originally from Vietnam, sought a security clearance under Guideline B concerning foreign influence due to his family ties in Vietnam. The Applicant has six siblings, three of whom live in the U.S. and three in Vietnam, with no evidence of foreign government connections among them. The Administrative Judge found that the Applicant successfully mitigated concerns regarding foreign influence, leading to the granting of his security clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: The Applicant has six siblings, three of them live in the U.S. and the other three live in Vietnam (1.a). His brother is a U.S. citizen (1.b). His two sisters, who also reside in the U.S., are manicurists, and both have applied for U.S. citizenship (1.c). As to his three Vietnamese siblings, one brother is a farmer, another brother is a teacher, and his sister is a housewife (1.d). The Applicant's 75 year old mother is also a citizen of and resides in Vietnam (1.e). The Applicant also has two sisters-in-law and four brothers-in-law who reside outside of the U.S (1.f). One sister-in-law resides in China and is a retired English teacher (1.g). His other sister-in-law resides in Vietnam and is a housewife (1.h).
The judge granted the clearance. The judge applied mitigating conditions AG ¶ 1. The decision turned on the following: The Applicant's family members in Vietnam have no connections to any government; The Applicant's siblings in the U.S. are in the process of obtaining citizenship, demonstrating their commitment to the U.S; The Applicant provided strong character references from his employer.
Why the Applicant Prevailed
- The Applicant's family members in Vietnam have no connections to any government.
- The Applicant's siblings in the U.S. are in the process of obtaining citizenship, demonstrating their commitment to the U.S.
- The Applicant provided strong character references from his employer.
Conditions Referenced
- AG ¶ 1appliedMitigating Condition 1The immediate family members are not agents of a foreign power or in a position to be exploited by a foreign power.
Key Rule Quoted
“An individual who is subject to a foreign influence, may be prone to provide information or make decisions that are harmful to the interests of the United States.”
Procedural Posture
- SOR issuedApr 3, 2003
- Answer filedMay 7, 2003
- Hearing heldJul 11, 2003
- Decision dateSep 2, 2003
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Importance of Family Connections in Security Clearance Determinations
- Character References as a Factor in Mitigating Security Concerns