ISCR Case 03-01836.h1

Case Headnote

ISCR Case No. 03-01836.h1

grantedSep 24, 2004· Hon. Martin H. Mogul· hearing

Summary

A naturalized U.S. citizen, originally from the People's Republic of China (PRC), was granted a security clearance despite initial concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons highlighted that the applicant's parents, wife, and parents-in-law were PRC citizens, with some residing in the PRC and others in the U.S. Additionally, the applicant possessed a PRC passport until February 2004, which raised concerns about foreign preference.

However, the judge found that the applicant's family members were not affiliated with the PRC government and were not in a position to be exploited. The applicant demonstrated strong ties to the United States, including a commitment to his family residing there. Furthermore, the applicant proactively instructed his parents to return his PRC passport, which was subsequently sent to the PRC Consulate General, indicating a clear revocation of foreign preference.

These mitigating factors, particularly the lack of government affiliation among family members, the applicant's strong U.S. ties, and the relinquishment of the PRC passport, led to the determination that any potential security risks were mitigated. Consequently, the security clearance was granted.

Why the Applicant Prevailed

The applicant's parents and wife are not affiliated with the PRC government and are not in a position to be exploited.
The applicant demonstrated strong ties to the United States and a commitment to his family residing there.
The applicant revoked his PRC passport, indicating a lack of foreign preference.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedForeign Influence - Immediate Family Members or Persons to Whom the Individual Has Close Ties of Affection or Obligation, Who Are Citizens Of, or Resident In, a Foreign Country.
E2.A3.1.2.1raisedForeign Preference - Exercise of Dual Citizenship.
E2.A3.1.2.2raisedForeign Preference - Possession And/or Use of a Foreign Passport.

Mitigating

E2.A2.1.3.1appliedForeign Influence - A Determination That the Immediate Family Members... in Question Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power.
E2.A3.1.2.1rejectedForeign Preference - the Exercise of Dual Citizenship.The applicant never used his PRC passport after becoming a U.S. citizen.
E2.A3.1.2.2rejectedForeign Preference - Possession And/or Use of a Foreign Passport.The applicant revoked his PRC passport.

Key Rule Quoted

“The clearly consistent standard indicates that security-clearance determinations should err, if they must, on the side of denials.”
— Department of the Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedNov 6, 2003
Answer filedDec 8, 2003
Hearing heldJul 1, 2004
Decision dateSep 24, 2004

Cite For

Mitigating Factors Related to Foreign Influence Under Guideline B
Foreign Preference Concerns Related to Dual Citizenship Under Guideline C
The Impact of Family Ties on Security Clearance Determinations.

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant's parents are citizens and residents of PRC.	For Applicant	Parent in Foreign Country Immediate Family	People's Republic of China HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
1.b	Applicant's wife is a citizen of PRC, residing in the United States, and is becoming a United States citizen.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	People's Republic of China HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
1.c	Applicant's parents-in-law are citizens of PRC, but reside in the United States with Applicant.	For Applicant	In Law in Foreign Country Immediate Family	People's Republic of China HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
1.d	Applicant has some relatives, who are citizens of and reside in PRC. He has not spoken to them for many years.	For Applicant	Extended Family in Foreign Country Extended Family	People's Republic of China HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's parents are citizens and residents of PRC.

For Applicant

Parent in Foreign Country

Immediate Family

People's Republic of China

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Other

1.b

Applicant's wife is a citizen of PRC, residing in the United States, and is becoming a United States citizen.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

People's Republic of China

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Other

1.c

Applicant's parents-in-law are citizens of PRC, but reside in the United States with Applicant.

For Applicant

In Law in Foreign Country

Immediate Family

People's Republic of China

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Other

1.d

Applicant has some relatives, who are citizens of and reside in PRC. He has not spoken to them for many years.

For Applicant

Extended Family in Foreign Country

Extended Family

People's Republic of China

HEIGHTENED RISK

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Other

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	The Government alleges in this paragraph that the Applicant is ineligible for clearance because he has acted in such a way as to indicate a preference for another country over the United States. The Government was concerned because, as of December 6, 2002, Applicant possessed a PRC passport, which is not scheduled to expire until October 25, 2004. Since that date, Applicant instructed his parents, who maintained custody of the passport, to return it to the Facility Security Officer of his company. On February 23, 2004, the security officer returned the passport to PRC Consulate General, indicating that Applicant, as a citizen of the United States, no longer desired to keep the passport (Exhibits D and E).	For Applicant	Foreign Passport Possession or Use	Admitted	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

The Government alleges in this paragraph that the Applicant is ineligible for clearance because he has acted in such a way as to indicate a preference for another country over the United States. The Government was concerned because, as of December 6, 2002, Applicant possessed a PRC passport, which is not scheduled to expire until October 25, 2004. Since that date, Applicant instructed his parents, who maintained custody of the passport, to return it to the Facility Security Officer of his company. On February 23, 2004, the security officer returned the passport to PRC Consulate General, indicating that Applicant, as a citizen of the United States, no longer desired to keep the passport (Exhibits D and E).

For Applicant

Foreign Passport Possession or Use

Admitted

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

—

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES