Summary
A 48-year-old communications engineer, a U.S. citizen since 1999, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The denial stemmed from his continued use of a Taiwan passport after becoming a U.S. citizen and extensive family ties in Taiwan.
Specifically, the applicant used his Taiwan passport for travel to Taiwan in 2001 and 2002, renewing it in April 2003. He has numerous relatives who are citizens and residents of Taiwan, including his mother, four siblings, his mother-in-law, father-in-law, two sisters-in-law, and one brother-in-law. His siblings are professors or editors who frequently travel to the U.S. for conferences. The applicant also owns inherited property in Taiwan, an apartment valued between $100,000 and $125,000. His wife, whose parents and three siblings reside in Taiwan, travels there approximately every year and a half and frequently calls her parents.
Although the applicant began steps to renounce his Taiwan citizenship and surrender his passport in May 2003, this action occurred only after he learned of the need for a security clearance. The judge determined that these belated actions were insufficient to mitigate the security risks posed by his foreign preference and potential foreign influence, leading to the denial of his clearance.
Why the applicant was denied
- Applicant continued to use his Taiwan passport after becoming a U.S. citizen, indicating foreign preference.
- Extensive family ties in Taiwan raised concerns about potential foreign influence.
- Steps to renounce citizenship and surrender the passport were taken only after the need for a security clearance arose.
Conditions referenced
- E2.A2.1.2.1raisedForeign Influence - Immediate Family Members Are Citizens of a Foreign Country
- E2.A3.1.2.1raisedForeign Preference - Possession And/or Use of a Foreign Passport
- E2.A3.1.3.4rejectedForeign Preference - Willingness to Renounce Dual CitizenshipThe applicant's late actions to renounce citizenship did not mitigate concerns.
- E2.A2.1.3.1rejectedForeign Influence - Immediate Family Members Are Not Agents of a Foreign PowerFamily ties in Taiwan create potential for foreign influence.
Key rule quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural posture
- SOR issuedApr 4, 2005
- Answer filedMay 2, 2005Applicant responded with a sworn statement.
- Hearing heldAug 5, 2005Hearing included testimony and evidence from both parties.
- Decision dateSep 30, 2005
Cite for
- Foreign Preference Concerns Due to Use of a Foreign Passport
- Foreign Influence Risks From Extensive Family Ties Abroad
- Insufficient Mitigation of Security Concerns After Late Actions Taken by the Applicant