ISCR Case 03-07855.h1

Case Headnote

ISCR Case No. 03-07855.h1

grantedApr 11, 2005· Hon. Elizabeth M. Matchinski· hearing

Summary

A 34-year-old nuclear physicist was granted a security clearance despite initial concerns under Guideline B (Foreign Influence). The Statement of Reasons detailed that the applicant's spouse was a Hong Kong citizen residing in the U.S., with her father being a Hong Kong resident citizen and her mother a PRC citizen residing in Hong Kong. The mother had visited the couple in the U.S. in October 2000, and the applicant and his spouse traveled to Hong Kong in July 2002 to visit her parents. Additionally, the couple sent approximately $10,000 to the spouse's parents in 2001 and $3,000 in December 2002.

The applicant admitted these allegations, noting his spouse's pro-American stance and her application for U.S. citizenship. It was also stated that his in-laws had never been agents of a foreign power and were not likely to be exploited.

The security clearance was granted because the applicant's spouse became a U.S. citizen, renouncing all foreign allegiances. Furthermore, the applicant's in-laws were retired and had never been agents of a foreign government. The applicant also demonstrated personal and technical integrity in his work, leading the judge to conclude that the risk of undue foreign influence was minimal.

Why the Applicant Prevailed

The applicant's spouse became a U.S. citizen, renouncing all foreign allegiances.
The applicant's in-laws are retired and have never been agents of a foreign government.
The applicant demonstrated personal and technical integrity in his work.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedAn Immediate Family Member, or a Person to Whom the Individual Has Close Ties of Affection or Obligation, Is a Citizen Of, or Resident or Present In, a Foreign Country.
E2.A2.1.2.2raisedSharing Living Quarters with a Person or Persons, Regardless of Their Citizenship Status, If the Potential for Adverse Influence or Duress Exists.

Mitigating

E2.A2.1.3.1appliedThe Foreign Contacts or Connections Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power.

Key Rule Quoted

“A security risk may exist when an individual's immediate family, including cohabitants, and other persons to whom he or she may be bound by affection, influence, or obligation are not citizens of the United States or may be subject to duress.”

Procedural Posture

SOR issuedMay 3, 2004
Answer filedMay 17, 2004Applicant acted pro se.
Hearing heldOct 6, 2004Applicant represented by counsel.
Decision dateApr 11, 2005

Cite For

Foreign Influence Concerns Under Guideline B
Impact of Spouse's U.S. Citizenship on Security Clearance
Mitigation of Foreign Influence Through Family Ties and Personal Integrity.

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 spouse is a citizen of Hong Kong residing in the U.S.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Hong Kong HEIGHTENED RISK	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.b	His father-in-law is a resident citizen of Hong Kong.	For Applicant	Parent in Foreign Country Immediate Family	Hong Kong HEIGHTENED RISK	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.c	His mother-in-law is a citizen of the PRC residing in Hong Kong and she visited them in the U.S. in about October 2000.	For Applicant	Parent in Foreign Country Immediate Family	Hong Kong HEIGHTENED RISK	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.d	Applicant and his spouse traveled to Hong Kong to see her parents in about July 2002.	For Applicant	Unspecified Foreign Relationship Other	Hong Kong HEIGHTENED RISK	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.e	They sent her parents approximately $10,000 in 2001 and $3,000 in December 2002.	For Applicant	Financial Support to Foreign Relative Immediate Family	Hong Kong HEIGHTENED RISK	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.f	Applicant admitted the allegations, but indicated his spouse 'is very pro-American' and had applied for U.S. citizenship.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Hong Kong HEIGHTENED RISK	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.g	Applicant's in-laws have never been agents of a foreign power and are not likely to be exploited.	For Applicant	Unspecified Foreign Relationship Other	Hong Kong HEIGHTENED RISK	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's spouse is a citizen of Hong Kong residing in the U.S.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Hong Kong

HEIGHTENED RISK

Admitted

—

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

Credited

Deep U.S. Ties

1.b

His father-in-law is a resident citizen of Hong Kong.

For Applicant

Parent in Foreign Country

Immediate Family

Hong Kong

HEIGHTENED RISK

Admitted

—

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

Credited

Deep U.S. Ties

1.c

His mother-in-law is a citizen of the PRC residing in Hong Kong and she visited them in the U.S. in about October 2000.

For Applicant

Parent in Foreign Country

Immediate Family

Hong Kong

HEIGHTENED RISK

Admitted

—

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

Credited

Deep U.S. Ties

1.d

Applicant and his spouse traveled to Hong Kong to see her parents in about July 2002.

For Applicant

Unspecified Foreign Relationship

Other

Hong Kong

HEIGHTENED RISK

Admitted

—

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

Credited

Deep U.S. Ties

1.e

They sent her parents approximately $10,000 in 2001 and $3,000 in December 2002.

For Applicant

Financial Support to Foreign Relative

Immediate Family

Hong Kong

HEIGHTENED RISK

Admitted

—

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

Credited

Deep U.S. Ties

1.f

Applicant admitted the allegations, but indicated his spouse 'is very pro-American' and had applied for U.S. citizenship.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Hong Kong

HEIGHTENED RISK

Admitted

—

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

Credited

Deep U.S. Ties

1.g

Applicant's in-laws have never been agents of a foreign power and are not likely to be exploited.

For Applicant

Unspecified Foreign Relationship

Other

Hong Kong

HEIGHTENED RISK

Admitted

—

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

Credited

Deep U.S. Ties

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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