Summary
The applicant, a 45-year-old Vietnam-born naturalized U.S. citizen, sought to retain his security clearance under Guideline B due to concerns about foreign influence stemming from family ties in Vietnam and Hong Kong. The judge found that the applicant had mitigated these concerns, as none of his relatives were agents of foreign governments or in positions to be exploited, leading to a decision to grant the clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: sister (sibling #5) is a U.S. citizen and resident of the U.S. with no close ties since 1995 (1.a). sister (sibling #3) is a citizen and resident of Hong Kong, with last contact in February 2005 (1.b). ex mother-in-law is a citizen and resident of Hong Kong, with unspecified last contact (1.c). ex brother-in-law is a citizen and resident of Hong Kong, with last contact in 1991-92 (1.d). brother (sibling #4) is a citizen and resident of SRVN, with last contact in 1995 (1.e).
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.A2.1.3.2. The decision turned on the following: The applicant demonstrated that he does not maintain close ties with his siblings in Vietnam and Hong Kong; The applicant's family members are not agents of foreign governments and are not in positions to be exploited; The applicant's allegiance and loyalty to the U.S. were not in question, and he has no desire to return to Vietnam.
Why the Applicant Prevailed
- The applicant demonstrated that he does not maintain close ties with his siblings in Vietnam and Hong Kong.
- The applicant's family members are not agents of foreign governments and are not in positions to be exploited.
- The applicant's allegiance and loyalty to the U.S. were not in question, and he has no desire to return to Vietnam.
Conditions Referenced
- E2.A2.1.2.1raisedForeign Influence Disqualifying ConditionThe applicant's immediate family members are citizens or residents of foreign countries.
- E2.A2.1.3.1appliedForeign Influence Mitigating ConditionThe applicant has no close ties of affection or obligation with his former mother-in-law and brother-in-law.
- E2.A2.1.3.2appliedForeign Influence Mitigating ConditionThe applicant's family members are not involved in activities that pose a threat to U.S. national security.
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 issuedApr 7, 2005
- Answer filedMay 4, 2005Applicant requested a hearing.
- Hearing heldNov 17, 2005
- Decision dateDec 21, 2005
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Evaluation of Family Ties in Foreign Countries
- Consideration of the Applicant's Loyalty and Allegiance in Security Clearance Decisions