ISCR Case 04-02312.h1

Case Headnote

ISCR Case No. 04-02312.h1

grantedApr 29, 2005· Hon. Elizabeth M. Matchinski· hearing

Summary

A naturalized U.S. citizen, originally from South Korea, was granted a security clearance despite concerns under Guideline B (Foreign Influence). The Statement of Reasons cited several factors, including the applicant's marriage to a South Korean citizen, and the fact that his in-laws, sister, aunt, and uncle are all South Korean citizens and residents. Additionally, the applicant had traveled to South Korea at least ten times between 1998 and 2002.

Disqualifying conditions related to foreign influence were raised, but mitigating conditions were ultimately applied. The judge determined that the applicant's close ties were not with individuals in positions to exploit him.

Key factors in the decision included the applicant's spouse having applied for U.S. citizenship, which reduced potential foreign influence. The applicant also demonstrated no financial interests in South Korea, mitigating concerns of coercion. Furthermore, the applicant's family members in South Korea were not identified as agents of a foreign power and were not in a position to exploit him. These considerations led to the granting of the security clearance.

Why the Applicant Prevailed

Applicant's spouse has applied for U.S. citizenship, reducing potential foreign influence.
Applicant has no financial interests in South Korea, mitigating concerns of coercion.
The applicant's family members in South Korea are not agents of a foreign power and are not in a position to exploit him.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedAn 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.
E2.A2.1.2.2raisedSharing Living Quarters with a Person or Persons, Regardless of Their Citizenship Status, If the Potential for Adverse Influence or Duress Exists.

Mitigating

E2.A2.1.3.1appliedA 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.
E2.A2.1.3.3appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent.

Key Rule Quoted

“A security risk may exist when an individual's immediate family, including cohabitants, and other persons to whom he or she may be bound by affection, influence, or obligation are not citizens of the United States or may be subject to duress.”
— Directive ¶ E2.A2.1.1.

Procedural Posture

SOR issuedMar 1, 2005
Answer filedMar 8, 2005
Hearing heldApr 12, 2005
Decision dateApr 29, 2005

Cite For

Mitigating Conditions Under Guideline B Regarding Foreign Influence
Impact of Family Ties on Security Clearance Determinations
Consideration of Foreign Citizenship of Spouse and Relatives in Security Clearance Cases

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	The applicant is married to a South Korean citizen.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	South Korea LOW RISK / ALLY	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.b	The applicant's in-laws are South Korean resident citizens.	For Applicant	In Law in Foreign Country Immediate Family	South Korea LOW RISK / ALLY	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.c	The applicant's sister is a South Korean citizen and resident.	For Applicant	Sibling in Foreign Country Immediate Family	South Korea LOW RISK / ALLY	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.d	The applicant's aunt and uncle are South Korean citizens and residents.	For Applicant	Extended Family in Foreign Country Extended Family	South Korea LOW RISK / ALLY	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.e	The applicant has traveled to South Korea at least ten times between 1998 and 2002.	For Applicant	Unspecified Foreign Relationship Other	South Korea LOW RISK / ALLY	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.f	The applicant's spouse has applied for U.S. citizenship.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	South Korea LOW RISK / ALLY	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

The applicant is married to a South Korean citizen.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

South Korea

LOW RISK / ALLY

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Credited

Deep U.S. Ties

1.b

The applicant's in-laws are South Korean resident citizens.

For Applicant

In Law in Foreign Country

Immediate Family

South Korea

LOW RISK / ALLY

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Credited

Deep U.S. Ties

1.c

The applicant's sister is a South Korean citizen and resident.

For Applicant

Sibling in Foreign Country

Immediate Family

South Korea

LOW RISK / ALLY

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Credited

Deep U.S. Ties

1.d

The applicant's aunt and uncle are South Korean citizens and residents.

For Applicant

Extended Family in Foreign Country

Extended Family

South Korea

LOW RISK / ALLY

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Credited

Deep U.S. Ties

1.e

The applicant has traveled to South Korea at least ten times between 1998 and 2002.

For Applicant

Unspecified Foreign Relationship

Other

South Korea

LOW RISK / ALLY

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Credited

Deep U.S. Ties

1.f

The applicant's spouse has applied for U.S. citizenship.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

South Korea

LOW RISK / ALLY

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Credited

Deep U.S. Ties

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

SYNOPSIS

APPEARANCES

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES