Summary
The Applicant, a naturalized U.S. citizen from Taiwan, faced concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference) due to his family ties in Taiwan and previous possession of a Taiwanese passport. He mitigated these concerns by renouncing his Taiwanese citizenship and demonstrating a lack of susceptibility to foreign influence or coercion. The Administrative Judge granted the security clearance, finding it consistent with national security interests.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: The Applicant's parents and his two brothers are citizens of and reside in Taiwan (2.a). His father is 70 years of age, and is retired from a private company (2.b). His 66 year old mother is a housewife (2.c). His two brothers work for private companies, one for a 'dental company,' and the other runs a document copying service (2.d). The Applicant's contact with his brothers is limited to 'every two months' with one brother, and twice a year with the other brother (2.e). His parents-in-law are citizens of the PRC, but they both now reside in the U.S. with the Applicant's sister-in-law (2.f). He had traveled to the PRC to visit his in-laws in 1998 and again in 2001 (2.g). He has little contact with four other friends, who are citizens of and reside in Taiwan (2.h). The Applicant served a mandatory tour in the Taiwanese military from 1981~1983 (1.a). The Applicant retained his Taiwanese passport, which he used to travel to Taiwan later in 2001 (1.b). In January of 2004, the Applicant renounced his Taiwanese citizenship and surrendered his foreign passport (1.c). The Applicant's parents and two brothers are citizens of and reside in Taiwan (1.d). His parents-in-law are citizens of the People's Republic of China (PRC), but reside in the U.S (1.e).
The judge granted the clearance. The government raised disqualifying conditions C.1, C.2, C.3, B.2. The judge applied mitigating conditions C.2, C.4, B.1. The decision turned on the following: The Applicant renounced his Taiwanese citizenship and surrendered his foreign passport; He demonstrated limited contact with foreign relatives and a lack of susceptibility to coercion; The Applicant's immediate family members are not connected to any foreign government.
Why the Applicant Prevailed
- The Applicant renounced his Taiwanese citizenship and surrendered his foreign passport.
- He demonstrated limited contact with foreign relatives and a lack of susceptibility to coercion.
- The Applicant's immediate family members are not connected to any foreign government.
Conditions Referenced
- C.1raisedDual Citizenship
- C.2raisedPossession And/or Use of a Foreign Passport
- C.3raisedMilitary Service for a Foreign Country
- B.2raisedImmediate Family Member Is a Citizen of a Foreign Country
- C.2appliedWillingness to Renounce Dual Citizenship
- C.4appliedForeign Military Service Occurred Before Obtaining U.S. Citizenship
- B.1appliedImmediate Family Members Are Not Agents of a Foreign Power
Key Rule Quoted
“An individual who demonstrates a foreign preference, or 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 issuedOct 14, 2003
- Answer filedDec 10, 2003
- Hearing heldMay 19, 2004
- Decision dateJul 16, 2004
Cite For
- Mitigation of Foreign Preference Under Guideline C
- Mitigation of Foreign Influence Under Guideline B
- Impact of Renouncing Foreign Citizenship on Security Clearance Eligibility