Summary
A 32-year-old Vietnam-born naturalized U.S. citizen applicant sought a security clearance under Guideline B due to concerns about foreign influence from family members residing in Vietnam and France. The applicant successfully mitigated these concerns by demonstrating that none of his family members were agents of foreign powers or in positions to be exploited, leading to the granting of his clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: The applicant has a half-sister who is a citizen and resident of the Socialist Republic of Vietnam (SRVN) (1.a). The applicant has a sister-in-law who is a citizen and resident of the Socialist Republic of Vietnam (SRVN) (1.b). The applicant has two half-sisters who are citizens of the Socialist Republic of Vietnam (SRVN) residing in the U.S (1.c). The applicant's wife is a French citizen residing in the U.S (1.d). The applicant's wife's parents are French citizens residing in the Socialist Republic of Vietnam (SRVN) (1.e). The applicant has two sisters-in-law who are French citizens residing in France (1.f).
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. The decision turned on the following: The applicant's family members are not agents of foreign powers or in positions to be exploited; The applicant has established strong ties to the U.S. and has renounced his Vietnamese citizenship; The applicant's wife and her family members are also not associated with any foreign intelligence operations.
Why the Applicant Prevailed
- The applicant's family members are not agents of foreign powers or in positions to be exploited.
- The applicant has established strong ties to the U.S. and has renounced his Vietnamese citizenship.
- The applicant's wife and her family members are also not associated with any foreign intelligence operations.
Conditions Referenced
- E2.A2.1.2.1raisedForeign Influence Disqualifying Condition
- E2.A2.1.3.1appliedForeign Influence Mitigating ConditionThe applicant's family members are not agents of a foreign power or in a position to be exploited.
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 issuedNov 17, 2003
- Answer filedDec 5, 2003
- Hearing heldMar 12, 2004via video-teleconference
- Decision dateMar 29, 2004
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Evaluation of Family Ties in Security Clearance Cases
- Consideration of the Applicant's Loyalty and Citizenship Status