Summary
A security clearance was granted to a 40-year-old naturalized U.S. citizen, an engineer who has resided in the United States since 1975. The primary concern under Guideline B (Foreign Influence) stemmed from the applicant's family ties to Vietnam, his country of origin.
Specifically, a disqualifying condition was raised due to the applicant having a brother who remains a citizen and resident of Vietnam. However, several mitigating conditions were applied, leading to the favorable outcome.
The decision to grant the clearance was based on the applicant's long-term residency in the U.S. since 1975 and his status as a naturalized citizen. Furthermore, all of his immediate family members, with the exception of the one brother, are U.S. citizens. Crucially, it was determined that the brother in Vietnam is not an agent of the Vietnamese government and is not in a position where he could be exploited to compromise the applicant's loyalty or U.S. national security.
Why the Applicant Prevailed
- Applicant has lived in the U.S. since 1975 and is a naturalized citizen.
- All immediate family members, except one brother, are U.S. citizens.
- The brother who is a Vietnamese citizen is not an agent of Vietnam and is not in a position to be exploited.
Conditions Referenced
- E2.A2.1.2.1raisedForeign Influence
- E2.A2.1.3.1appliedForeign InfluenceThe immediate family member is not an agent of a foreign power or in a position to be exploited.
Key Rule Quoted
“It is clear that applicant's loyalty is to the United States, and that he would not allow his relationship to any Vietnamese citizen to undermine that loyalty.”
Procedural Posture
- SOR issuedSep 30, 2003
- Answer filedOct 20, 2003
- Hearing heldApr 21, 2004
- Decision dateJun 14, 2004
Cite For
- Demonstrating Loyalty to the United States Despite Foreign Family Ties
- Mitigating Conditions Under Guideline B Regarding Foreign Influence
- The Impact of U.S. Citizenship on Security Clearance Decisions