Summary
A 38-year-old naturalized U.S. citizen, originally from Taiwan, was denied a security clearance under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The denial stemmed from the applicant's continued use of a Taiwanese passport and his close familial connections to Taiwan.
Specifically, the applicant was alleged to have used his Taiwanese passport for personal convenience after becoming a U.S. citizen, thereby exercising the rights and privileges of a citizen of Taiwan and holding himself out as such. He declared himself a dual citizen and had not surrendered his Taiwanese passport, stating he could not find an official to accept it. Furthermore, he had not taken any action to renounce his dual citizenship.
The judge determined that the applicant's actions demonstrated a foreign preference and that his close family ties, including a wife and in-laws who are Taiwanese citizens, presented an unmitigated potential for foreign influence. The applicant's failure to take adequate steps to renounce his Taiwanese citizenship or surrender his foreign passport contributed to the denial.
Why the Applicant Was Denied
- Applicant used a Taiwanese passport after becoming a U.S. citizen, indicating foreign preference.
- Applicant has close family ties to Taiwan, including a wife and in-laws who are citizens of Taiwan, creating potential for foreign influence.
- Applicant failed to take adequate steps to renounce his Taiwanese citizenship or surrender his foreign passport.
Conditions Referenced
- E2.A3.1.2.1raisedDual Citizenship
- E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport
- E2.A2.1.2.1raisedImmediate Family Member Is a Citizen of a Foreign Country
- E2.A2.1.2.2raisedSharing Living Quarters with a Person Present in a Foreign Country
- E2.A3.1.3.4rejectedWillingness to Renounce Dual CitizenshipApplicant's willingness to renounce is not sufficient without action taken.
- E2.A2.1.3.1appliedImmediate Family Members Are Not Agents of a Foreign PowerWhile not agents, the potential for influence exists due to familial ties.
Key Rule Quoted
“"No one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedJun 9, 2003
- Answer filedOct 4, 2003Applicant responded to SOR allegations.
- Hearing heldDec 3, 2003Hearing convened to consider security clearance.
- Decision dateJan 14, 2004
Cite For
- Foreign Preference Due to Use of a Foreign Passport Under Guideline C
- Foreign Influence Due to Familial Ties Under Guideline B
- Insufficient Mitigation of Disqualifying Conditions Related to Dual Citizenship and Foreign Influence