Summary
A 30-year-old naturalized U.S. citizen, born in Taiwan and employed as an auditor associate for a defense contractor, was granted a security clearance despite concerns under Guideline B (Foreign Influence). The Statement of Reasons (SOR) highlighted her close ties to a grandmother, aunt, and uncle in Taiwan, as well as two friends there. The SOR also noted two pleasure trips to Taiwan within the last eight years and a year-long residency as an intern for her company. Additionally, the applicant previously had a boyfriend who is now a citizen and resident of Pakistan, though they no longer have contact.
The judge found that while the applicant had close ties of affection to her grandmother, these were mitigated. The grandmother was determined not to be an agent of, or in a position to be exploited by, a foreign power, partly due to her illiteracy. Furthermore, the applicant's contacts with her grandmother were casual and infrequent. There was no evidence connecting any of the individuals in Taiwan or Pakistan to a foreign government or indicating they were in a position to be exploited.
The decision to grant the clearance was supported by the applicant's substantial ties to the United States, including immediate family residing there. The judge concluded that the mitigating factors outweighed the disqualifying conditions, leading to the granting of the security clearance.
Why the applicant prevailed
- The applicant has substantial ties to the United States, with immediate family residing there.
- The grandmother is not an agent of a foreign power and is unlikely to be exploited due to her illiteracy.
- The applicant's contacts with her grandmother are casual and infrequent.
Conditions referenced
- E2.A2.1.1raisedClose Ties of Affection, Influence, or Obligation with a Person Not a Citizen of the United States and Residing in a Foreign Country.
- E2.A2.1.3.1appliedA Determination That the Associates of the Applicant Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power.
- E2.A2.1.3.4appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent.
Key rule quoted
“The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is eligible for a security clearance.”
Procedural posture
- SOR issuedMay 10, 2004
- Answer filedMay 20, 2004
- Hearing held—Applicant elected to have the matter decided on the written record.
- Decision dateOct 15, 2004
Cite for
- Mitigation of Foreign Influence Due to Infrequent Contact with Foreign Relatives
- Consideration of the Applicant's Substantial Ties to the United States
- The Role of Casual and Infrequent Contact in Security Clearance Determinations