Summary
The applicant, a 31-year-old software engineer who emigrated from Vietnam, has strong ties to the U.S. and minimal ties to Vietnam. Despite having family members in Vietnam, the applicant demonstrated a commitment to U.S. interests and a lack of emotional ties to those relatives, leading to the granting of her security clearance under Guideline B (Foreign Influence).
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant's oldest sister, A, is a citizen of Vietnam and currently resides in that country with her family. This sister is "more like an aunt than a sister," since she is about 20 years older than Applicant. Applicant does not feel any sense of affection or obligation toward her (GX 2) (1.a). A second sister, B, is a citizen of Vietnam and currently resides in that country. This sister is 13 years older than Applicant and is planning to emigrate to the U.S. by the end of 2003, pending the outcome of an interview with the U.S. consulate in Vietnam. Applicant is helping her with those plans (Tr at 42) (1.b). Applicant visited Vietnam for three weeks in June and July 1995. She went to visit her mother after her father died, and stayed with the two sisters cited above. She has no interest in returning to Vietnam (Tr at 41) (1.c). Applicant maintains once or twice yearly telephone contact with the two sisters cited above. These calls are made at the request of her elderly mother, who resides with her in the U.S. (Tr at 39 - 41) (1.d). Applicant maintains once yearly e-mail contact with two friends/former classmates who are citizens of Vietnam and reside in that country. Applicant last visited them in Vietnam in 1995. The relationship is a casual one, and Applicant feels no sense of obligation toward them (Tr at 28) (1.e). Applicant's mother is not currently a citizen of Vietnam currently residing in that country. Applicant's mother has emigrated to the U.S. and became a U.S. citizen in November 2002. She is living with Applicant (1.f). Applicant's brothers, C and D, are citizens of Vietnam but are currently residing in the U.S., and have obtained their Permanent Resident Cards (Green Card) (1.g). Applicant's sister, E, is also a citizen of Vietnam residing in the U.S. She has married a U.S. citizen and is in the process of becoming a U.S. citizen herself (1.h).
The judge granted the clearance. The government raised disqualifying conditions DC 1. The judge applied mitigating conditions MC 1, MC 3. The decision turned on the following: Applicant has strong ties to the U.S. and minimal ties to Vietnam; The applicant's family members in Vietnam do not constitute an unacceptable security risk; The applicant's contacts with foreign relatives are casual and infrequent.
Why the Applicant Prevailed
- Applicant has strong ties to the U.S. and minimal ties to Vietnam.
- The applicant's family members in Vietnam do not constitute an unacceptable security risk.
- The applicant's contacts with foreign relatives are casual and infrequent.
Conditions Referenced
- DC 1raisedForeign Influence
- MC 1appliedForeign InfluenceThe family members in question do not constitute an unacceptable security risk.
- MC 3appliedForeign InfluenceThe applicant's contacts and correspondence with her foreign relatives are casual and infrequent.
Key Rule Quoted
“An applicant's admission of the information in specific allegations relieves the Government of having to prove those allegations.”
Procedural Posture
- SOR issuedFeb 7, 2003
- Answer filedFeb 19, 2003Applicant initially elected for a decision on the written record.
- Hearing heldJun 12, 2003
- Decision dateSep 5, 2003
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Importance of Emotional Ties in Assessing Foreign Influence
- Casual and Infrequent Contact with Foreign Relatives as a Mitigating Factor