Summary
A 28-year-old Vietnam-born naturalized U.S. citizen applied for a security clearance under Guideline B, facing concerns due to family ties in Vietnam. The applicant's immediate family, including his parents and younger brother, are U.S. citizens, while his three older siblings remain in Vietnam. The judge found that none of the foreign relatives are agents of the Vietnamese government or in a position to be exploited, leading to the conclusion that security concerns were mitigated. Clearance was granted.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: The applicant has siblings who are citizens and residents of Vietnam (1.a). The applicant has a sister who is a citizen and resident of Vietnam (1.b). The applicant has extended family members who are citizens and residents of Vietnam (1.c). The applicant's family members in Vietnam may be subject to duress (1.d).
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: The applicant's immediate family members are all naturalized U.S. citizens residing in the U.S; The applicant's foreign relatives are not agents of the Vietnamese government or in a position to be exploited; The relationships with foreign relatives are casual and infrequent, mitigating security concerns.
Why the Applicant Prevailed
- The applicant's immediate family members are all naturalized U.S. citizens residing in the U.S.
- The applicant's foreign relatives are not agents of the Vietnamese government or in a position to be exploited.
- The relationships with foreign relatives are casual and infrequent, mitigating security concerns.
Conditions Referenced
- E2.A2.1.2.1raisedForeign Influence Disqualifying ConditionAn immediate family member is a citizen of, or resident in, a foreign country.
- E2.A2.1.3.1appliedForeign Influence Mitigating ConditionThe immediate family members are not agents of a foreign power or in a position to be exploited.
- E2.A2.1.3.3appliedForeign Influence Mitigating ConditionContact and correspondence with foreign citizens are casual and infrequent.
Key Rule Quoted
“The mere possession of family ties with a person in a foreign country is not, as a matter of law, disqualifying under Guideline B.”
Procedural Posture
- SOR issuedOct 2, 2003
- Answer filedOct 29, 2003
- Hearing heldMay 27, 2004
- Decision dateJun 14, 2004
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Evaluation of Family Ties in Security Clearance Cases
- Impact of U.S. Immigration Policies on Foreign Influence Assessments