Summary
Applicant, a naturalized U.S. citizen since 1996, has lived in the U.S. since 1981. His daughter, a citizen of Vietnam, resides with him and has applied for U.S. citizenship. Applicant maintains limited contact with his family in Vietnam, mitigating the foreign influence concerns. Clearance is granted.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant's parents and six siblings are citizens and residents of Viet Nam (1.a). Applicant has extremely limited contact with his parents and siblings who are citizens and residents of Viet Nam (1.b). Applicant's daughter is a citizen of Viet Nam, although she now lives with Applicant, has permanent resident status, has applied for U.S. citizenship, and has surrendered her Viet Nam passport (1.c).
The judge granted the clearance. The government raised disqualifying conditions DC 1, DC 2. The judge applied mitigating conditions MC 1, MC 3. The decision turned on the following: Applicant has extremely limited contact with his family in Vietnam; His daughter has surrendered her Vietnam passport and applied for U.S. citizenship; Applicant has dissociated himself from ties to Vietnam, demonstrating strong ties to the U.S.
Why the Applicant Prevailed
- Applicant has extremely limited contact with his family in Vietnam.
- His daughter has surrendered her Vietnam passport and applied for U.S. citizenship.
- Applicant has dissociated himself from ties to Vietnam, demonstrating strong ties to the U.S.
Conditions Referenced
- DC 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.
- DC 2raisedSharing Living Quarters with a Person or Persons, Regardless of Their Citizenship Status, If the Potential for Adverse Foreign Influence or Duress Exists.
- MC 1appliedA Determination That the Immediate Family Member(s) Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power.
- MC 3appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent.
Key Rule Quoted
“The objective of the security-clearance process is the fair-minded, commonsense assessment of a person's trustworthiness and fitness for access to classified information.”
Procedural Posture
- SOR issuedMay 10, 2004
- Answer filedMay 21, 2004Requested a hearing and admitted all SOR allegations.
- Hearing heldNov 10, 2004
- Decision dateJan 11, 2005
Cite For
- Mitigation of Foreign Influence Under Guideline B
- Limited Contact with Foreign Relatives as a Mitigating Factor
- Consideration of Family Ties in Security Clearance Decisions