Summary
Applicant, a 64-year-old naturalized U.S. citizen originally from Taiwan, has lived in the U.S. since 1967 and has family members residing in Taiwan. The case involved concerns under Guideline B (foreign influence) due to his siblings' citizenship in Taiwan. The judge found that the applicant mitigated these concerns through limited contact with his relatives and strong ties to the U.S., resulting in a granted security clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: The applicant has three brothers, two sisters, a brother-in-law, and a sister-in-law who are citizens and residents of the Republic of China (Taiwan) (1.a). The applicant has three brothers, two sisters, a brother-in-law, and a sister-in-law who are citizens and residents of the Republic of China (Taiwan) (1.b). The applicant has three brothers, two sisters, a brother-in-law, and a sister-in-law who are citizens and residents of the Republic of China (Taiwan) (1.c). The applicant has three brothers, two sisters, a brother-in-law, and a sister-in-law who are citizens and residents of the Republic of China (Taiwan) (1.d). The applicant has three brothers, two sisters, a brother-in-law, and a sister-in-law who are citizens and residents of the Republic of China (Taiwan) (1.e). The applicant has three brothers, two sisters, a brother-in-law, and a sister-in-law who are citizens and residents of the Republic of China (Taiwan) (1.f). The applicant has three brothers, two sisters, a brother-in-law, and a sister-in-law who are citizens and residents of the Republic of China (Taiwan) (1.g).
The judge granted the clearance. The government raised disqualifying conditions DC 1, DC 2. The judge applied mitigating conditions MC 1, MC 3. The decision turned on the following: Applicant has lived in the U.S. for over 38 years and has been a citizen for 32 years; He has minimal contact with his relatives in Taiwan, consisting of monthly phone calls; There is no evidence that his relatives in Taiwan are agents of a foreign power or in a position to be exploited.
Why the Applicant Prevailed
- Applicant has lived in the U.S. for over 38 years and has been a citizen for 32 years.
- He has minimal contact with his relatives in Taiwan, consisting of monthly phone calls.
- There is no evidence that his relatives in Taiwan are agents of a foreign power or in a position to be exploited.
Conditions Referenced
- DC 1raisedAn 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.
- DC 2raisedSharing Living Quarters with a Person or Persons, Regardless of Their Citizenship Status, If the Potential for Adverse Foreign Influence or Duress Exists.
- MC 1appliedA Determination That the Immediate Family Member(s), Cohabitants, or Associate(s) in Question Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power.
- MC 3appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent.
Key Rule Quoted
“The objective of the security-clearance process is the fair-minded, commonsense assessment of a person's trustworthiness and fitness for access to classified information.”
Procedural Posture
- SOR issuedJan 23, 2004
- Answer filedMar 23, 2004Deemed incomplete and unsworn.
- Hearing heldDec 28, 2004
- Decision dateFeb 28, 2005
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Importance of Minimal Contact with Foreign Relatives
- Consideration of Family Ties in Security Clearance Determinations