Loading case…

Summary

The applicant, a 29-year-old defense contractor employee born in Taiwan, became a U.S. citizen in 1999. She maintains contact with her Taiwanese parents but has not traveled to Taiwan since 2001 and has no intention of renewing her expired Taiwan passport. The judge found that her allegiance is to the U.S., and granted her security clearance based on mitigating factors.

Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Applicant's parents are citizens of Taiwan and reside in that country. Her father is a general manager of a privately owned electronics company in Taiwan. Her mother is a housewife (Response to FORM) (2.a). Applicant has weekly telephone contact with her parents and personal contact about three times a year, when they visit the U.S. She does so out of her "care, concern, and love for them" (Response to FORM) (2.b). Applicant's brother is a citizen of the U.S. and currently resides in the U.S (2.c). Applicant has had telephone and/or personal contact with her brother more than six times a year since he moved to the U.S (2.d). Applicant traveled to Taiwan and the People's Republic of China (PRC) in December 2001 and to Taiwan in November 2000, from December 1999 to January 2000, and from June 1999 to July 1999 (2.e). continues to consider herself to be a dual citizen of the United States (U.S.) and the Republic of China (Taiwan) (1.a). continues to possess a Taiwan passport that expired in March 2004. Applicant has not used the Taiwan passport since becoming a U.S. citizen in 1999. She is willing to give up the Taiwan passport but has not yet done so (1.b).

The judge granted the clearance. The government raised disqualifying conditions DC 1. The judge applied mitigating conditions MC 1, MC 2. The decision turned on the following: The applicant demonstrated a commitment to the U.S. by not renewing her expired Taiwan passport; She has not traveled to Taiwan since 2001, indicating a lack of foreign preference; The applicant's close family ties do not pose a significant risk of foreign influence.

Why the Applicant Prevailed

• The applicant demonstrated a commitment to the U.S. by not renewing her expired Taiwan passport.
• She has not traveled to Taiwan since 2001, indicating a lack of foreign preference.
• The applicant's close family ties do not pose a significant risk of foreign influence.

Conditions Referenced

Key Rule Quoted

“A security risk may exist when an individual's immediate family . . .: are (1) not citizens of the United States or (2) may be subject to duress.”

Procedural Posture

• SOR issuedJan 23, 2004
• Answer filedFeb 21, 2004Applicant elected for a decision on the written record.
• Hearing held—No hearing; decision made on the written record.
• Decision dateJan 4, 2005

Cite For

• Mitigation of Foreign Preference Under Guideline C
• Mitigation of Foreign Influence Due to Family Ties Under Guideline B
• Consideration of Dual Citizenship in Security Clearance Determinations