Summary
A 36-year-old naturalized U.S. citizen and software engineer, originally from Taiwan, was granted a security clearance despite concerns under Guideline B (Foreign Influence). The Statement of Reasons cited several factors: her father, a retired general from the Taiwan military, and two brothers reside with her and are Taiwan citizens. Her mother's sister is also a Taiwan citizen and resident, and her parents own a house there. Additionally, the applicant traveled to Taiwan from March to July 1995.
Disqualifying conditions related to foreign influence were raised, but mitigating conditions were applied. The judge determined that the applicant's family members were not agents of a foreign power and were not in a position to be exploited.
Key to the decision was the finding that the applicant's father is a permanent U.S. resident and has expressed interest in U.S. citizenship. Furthermore, the applicant has no financial interests in Taiwan and maintains minimal contact with her aunt. Based on these factors, the security clearance was granted.
Why the Applicant Prevailed
- The applicant's family members are not agents of a foreign power and are not in a position to be exploited.
- The applicant's father is a permanent resident of the U.S. and has expressed interest in becoming a U.S. citizen.
- The applicant has no financial interests in Taiwan and minimal contact with her aunt.
Conditions Referenced
- E2.A2.1.2.1raisedDC 1: an Immediate Family Member, or a Person to Whom the Individual Has Close Ties of Affection or Obligation, Is a Citizen Of, or Resident or Present In, a Foreign Country.
- E2.A2.1.2.3raisedDC 3: A Relative Is Connected with Any Foreign Government.
- E2.A2.1.2.8raisedDC 8: A Substantial Financial Interest in a Country.
- E2.A2.1.3.1appliedMC 1: the Immediate Family Members Are Not Agents of a Foreign Power or in a Position to Be Exploited.
- E2.A2.1.3.3appliedMC 3: Contact with Foreign Relatives Is Infrequent and Casual.
- E2.A2.1.3.5appliedMC 5: the Applicant's Interest in the Foreign Property Is Minimal.
Key Rule Quoted
“"The United States has a compelling interest in protecting and safeguarding classified information from any person, organization, or country that is not authorized to have access to it, regardless of whether that person, organization, or country has interests inimical to those of the United States."”
Procedural Posture
- SOR issuedApr 27, 2004
- Answer filedJun 1, 2004
- Hearing heldOct 5, 2004
- Decision dateNov 22, 2004
Cite For
- Mitigating Conditions Under Guideline B Regarding Family Ties to Foreign Countries
- Consideration of the Applicant's Intent to Renounce Foreign Citizenship
- The Impact of Family Members' Citizenship Status on Security Clearance Eligibility