Summary
The applicant, a 37-year-old naturalized U.S. citizen originally from Vietnam, sought a security clearance under Guideline B due to familial ties in Vietnam. Despite having two sisters who are citizens of Vietnam, the applicant's infrequent contact and strong loyalty to the U.S. mitigated concerns about foreign influence. The judge found that the applicant's ties did not pose an unacceptable security risk, leading to a granted clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant has two sisters, one who is a citizen of Vietnam and resides in Vietnam, and the second who is a citizen of Vietnam and resides in France (1.a). Applicant's contacts with them are infrequent (1.b). He also keeps in contact by email with a number of friends that he has known from Vietnam (1.c). Applicant has given some money to his sister in Vietnam, but the amount is not significant (1.d). Neither his sister nor her husband works for the Vietnam government (1.e). Applicant's strong attachment to the United States and minimal ties to Vietnam makes it unlikely that he would respond favorably to any efforts to make him act against United States interests (1.f).
The judge granted the clearance. The government raised disqualifying conditions E2.A2.1.2.1. The judge applied mitigating conditions E2.A2.1.3.1, E2.A2.1.3.3. The decision turned on the following: Applicant's immediate family members are not agents of a foreign power and are not in a position to exploit him; Applicant's contacts with his family and friends in Vietnam are infrequent and casual; Applicant demonstrated a strong loyalty to the United States and a commitment to report any coercive threats.
Why the applicant prevailed
- Applicant's immediate family members are not agents of a foreign power and are not in a position to exploit him.
- Applicant's contacts with his family and friends in Vietnam are infrequent and casual.
- Applicant demonstrated a strong loyalty to the United States and a commitment to report any coercive threats.
Conditions referenced
- E2.A2.1.2.1raisedImmediate Family Member Is a Citizen Of, or Resident In, a Foreign Country
- E2.A2.1.3.1appliedImmediate Family Members Are Not Agents of a Foreign Power or in a Position to Be Exploited
- E2.A2.1.3.3appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent
Key rule quoted
“"the clearly consistent standard indicates that security-clearance determinations should err, if they must, on the side of denials."”
Procedural posture
- SOR issuedFeb 13, 2003
- Answer filedMar 10, 2003Applicant requested decision on written record.
- Hearing held—
- Decision dateNov 7, 2003
Cite for
- Mitigation of Foreign Influence Under Guideline B
- Infrequent Contact with Foreign Relatives as a Mitigating Factor
- Strong Personal Loyalty to the United States as a Mitigating Factor