Summary
Applicant, a naturalized U.S. citizen since 1988, has lived in the U.S. since 1981 and has minimal contact with his brothers residing in Vietnam. The judge found that the applicant mitigated security concerns related to foreign influence due to his strong ties to the U.S. and lack of significant contact with his foreign relatives. Clearance is granted.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant has four brothers who are citizens and residents of Viet Nam (1.a). Applicant has traveled to Viet Nam on a number of occasions to visit, assist his parents with their emigration efforts, and vacation with his fiancee (1.b).
The judge granted the clearance. The government raised disqualifying conditions DC 1. The judge applied mitigating conditions MC 1, MC 3, MC 4, MC 5. The decision turned on the following: Applicant has lived in the U.S. continuously since 1981 and is a naturalized citizen since 1988; He has minimal contact with his brothers in Vietnam, communicating only a few times a year; The applicant has substantial familial and financial ties to the U.S., including joint property ownership with his fiancée.
Why the Applicant Prevailed
- Applicant has lived in the U.S. continuously since 1981 and is a naturalized citizen since 1988.
- He has minimal contact with his brothers in Vietnam, communicating only a few times a year.
- The applicant has substantial familial and financial ties to the U.S., including joint property ownership with his fiancée.
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
- 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
- MC 4appliedThe Individual Has Promptly Reported to Proper Authorities All Contacts, Requests, or Threats From Persons or Organizations From a Foreign Country, as Required
- MC 5appliedForeign Financial Interests Are Minimal and Not Sufficient to Affect the Individual's Security Responsibility
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 issuedApr 27, 2005
- Answer filedJun 16, 2005
- Hearing heldOct 31, 2005
- Decision dateFeb 13, 2006
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Minimal Contact with Foreign Relatives as a Mitigating Factor
- Importance of Strong U.S. Ties in Security Clearance Decisions