Summary
The applicant, a 45-year-old software engineer and naturalized U.S. citizen originally from Taiwan, faced security concerns under Guidelines B (Foreign Influence) and C (Foreign Preference) due to her family's ties to Taiwan and her previous possession of a Taiwanese passport. The judge found that the applicant's renunciation of her Taiwanese citizenship, destruction of her expired passport, and the nature of her family ties mitigated the security concerns, leading to the granting of her security clearance.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Applicant's parents are citizens and residents of Taiwan (1.a). Applicant's brothers are citizens and residents of Taiwan (1.b). Applicant's father-in-law is a citizen and resident of Taiwan (1.c). Applicant's sisters-in-law are citizens and residents of Taiwan (1.d). Applicant's brother-in-law is a citizen and resident of Taiwan (1.e). Applicant's husband is a dual citizen of Taiwan and the U.S (1.f). Applicant has friends and associates who are citizens and residents of Taiwan (1.g). Applicant has traveled to Taiwan every other year since 1996 (1.h). Applicant's husband is employed by a German-owned company (1.i). Applicant obtained a Taiwanese passport after becoming a U.S. citizen (2.a). Used her Taiwanese passport to travel to Taiwan (2.b).
The judge granted the clearance. The government raised disqualifying conditions E2.A2.1.2.1, E2.A3.1.2.1, E2.A3.1.2.2. The judge applied mitigating conditions E2.A2.1.3.1, E2.A3.1.3.1, E2.A3.1.3.4, E2.A2.1.3.3. The decision turned on the following: Applicant renounced her Taiwanese citizenship and destroyed her expired Taiwanese passport; The applicant's family members are elderly and not associated with the government or businesses involved in espionage; The applicant's visits to Taiwan are infrequent and focused on family, reducing the likelihood of foreign influence.
Why the Applicant Prevailed
- Applicant renounced her Taiwanese citizenship and destroyed her expired Taiwanese passport.
- The applicant's family members are elderly and not associated with the government or businesses involved in espionage.
- The applicant's visits to Taiwan are infrequent and focused on family, reducing the likelihood of foreign influence.
Conditions Referenced
- E2.A2.1.2.1raisedDC 1: Immediate Family Member Is a Citizen of a Foreign Country.
- E2.A3.1.2.1raisedDC 1: Exercise of Dual Citizenship.
- E2.A3.1.2.2raisedDC 2: Possession And/or Use of a Foreign Passport.
- E2.A2.1.3.1appliedMC 1: Immediate Family Members Are Not Agents of a Foreign Power or in a Position to Be Exploited.
- E2.A3.1.3.1appliedMC 1: Dual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign Country.
- E2.A3.1.3.4appliedMC 4: Willingness to Renounce Dual Citizenship.
- E2.A2.1.3.3appliedMC 3: Contact and Correspondence with Foreign Citizens Are Casual and Infrequent.
Key Rule Quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedMay 7, 2004
- Answer filedJun 4, 2004
- Hearing heldNov 1, 2004
- Decision dateDec 28, 2004
Cite For
- Mitigation of Foreign Influence Concerns Due to Family Ties Under Guideline B
- Mitigation of Foreign Preference Concerns Through Renunciation of Citizenship Under Guideline C
- Consideration of the Nature of Foreign Relationships in Security Clearance Determinations.