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Summary

Applicant, a naturalized U.S. citizen and computer program analyst, has family members in Vietnam, including two sisters and uncles. Despite concerns regarding foreign influence due to her family's ties to Vietnam, the applicant successfully mitigated these concerns by demonstrating that her immediate family members are not agents of a foreign power and that she has no financial interests in Vietnam. Clearance is granted.

Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant has two sisters and uncles living in Vietnam (1.a). Her mother is a citizen of Vietnam living in the U.S (1.b). Her father, step-mother, and four siblings are U.S. citizens (1.c). Her brother is serving in the U.S. Army (1.d).

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, E2.A2.1.3.5. The decision turned on the following: Applicant has no financial interests in Vietnam; Immediate family members in Vietnam are not agents of a foreign power; Applicant's brother and brother-in-law serve in the U.S. military with security clearances.

Why the applicant prevailed

• Applicant has no financial interests in Vietnam.
• Immediate family members in Vietnam are not agents of a foreign power.
• Applicant's brother and brother-in-law serve in the U.S. military with security clearances.

Conditions referenced

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 issuedMay 7, 2004
• Answer filedMay 23, 2004
• Hearing heldMar 7, 2005via MS Teams
• Decision dateMar 28, 2005

Cite for

• Mitigation of Foreign Influence Concerns Under Guideline B
• Importance of Family Ties in Security Clearance Evaluations
• Criteria for Assessing Foreign Influence Risks