Summary
Applicant, a U.S. citizen born in Taiwan, faced security concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference) due to his family's ties to Taiwan. He mitigated these concerns by surrendering his Taiwanese passport and demonstrating his loyalty and financial interests are centered in the U.S., leading to a granted security clearance.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Applicant's father is a dual U.S.-Taiwan citizen residing in Taiwan (2.a). Applicant's mother is a citizen and resident of Taiwan (2.b). Applicant's brother and three of four sisters are dual U.S.-Taiwan citizens residing in the U.S (2.c). One of his sisters is a citizen and resident of Taiwan (2.d). His father-in-law and mother-in-law are citizens of Taiwan residing in the U.S (2.e). Applicant exercises dual U.S.-Taiwan citizenship (1.a). Applicant possesses a Taiwanese passport (1.b). Applicant maintained and used his Taiwanese passport after becoming a U.S. citizen (1.c). Applicant maintains dual citizenship to protect his future inheritance of real estate and property in Taiwan (1.d).
The judge granted the clearance. The government raised disqualifying conditions DC 1, DC 2, DC 3, DC 6. The judge applied mitigating conditions MC 1, MC 2, MC 4. The decision turned on the following: Applicant demonstrated willingness to renounce dual citizenship, mitigating foreign preference concerns; He surrendered his Taiwanese passport upon realizing it raised security issues; The applicant's loyalty and financial interests are primarily in the U.S.
Why the Applicant Prevailed
- Applicant demonstrated willingness to renounce dual citizenship, mitigating foreign preference concerns.
- He surrendered his Taiwanese passport upon realizing it raised security issues.
- The applicant's loyalty and financial interests are primarily in the U.S.
Conditions Referenced
- DC 1raisedDual Citizenship
- DC 2raisedPossession of Foreign Passport
- DC 3raisedMilitary Service for Foreign Country
- DC 6raisedUse of Foreign Citizenship for Financial Interests
- DC 1raisedImmediate Family Member in Foreign Country
- DC 2raisedSharing Living Quarters with Foreign National
- MC 1appliedDual Citizenship by Birth
- MC 2appliedIndicators of Foreign Preference Before U.S. Citizenship
- MC 4appliedWillingness to Renounce Dual Citizenship
- MC 1appliedImmediate Family Members Not Agents of Foreign Power
Key Rule Quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedMar 28, 2005
- Answer filedApr 20, 2005
- Hearing heldAug 19, 2005
- Decision dateSep 30, 2005
Cite For
- Mitigation of Foreign Preference Concerns Through Passport Surrender
- Consideration of Family Ties Under Guideline B
- Impact of Dual Citizenship on Security Clearance Eligibility