Summary
The Applicant, a 25-year-old naturalized U.S. citizen and Computer Engineer, sought a security clearance despite previous dual citizenship with China. He surrendered his Chinese passport and renounced his Chinese citizenship, demonstrating a clear preference for the U.S. His limited and infrequent contact with family in China was deemed not to pose a security risk, leading to the granting of his clearance under Guidelines B and C.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: The Applicant's father, cousin, maternal grandparents and two friends are citizens of the People's Republic of China (2.a). The Applicant's father is financially stable and does not receive any assistance from the Applicant (2.b). The Applicant has no contact with his maternal grandparents (2.c). The Applicant maintains no regular contact with his two friends in China (2.d). The Applicant has no assets in China and never intends to (2.e). The Applicant understands his responsibility to the United States in holding a security clearance (2.f). The Applicant's contacts with his foreign relatives are very limited, and are not of a nature to influence his security worthiness (2.g). The Applicant is a dual citizen of the Peoples's Republic of China and the United States (1.a). The Applicant possessed a Chinese passport that was issued to him on May 15, 1995, before he became a United States citizen (1.b).
The judge granted the clearance. The government raised disqualifying conditions C1, C2. The judge applied mitigating conditions C1, C4, B1, B3. The decision turned on the following: The Applicant surrendered his Chinese passport and renounced his Chinese citizenship, demonstrating a preference for the U.S; His contacts with foreign relatives were infrequent and not of a nature to influence his security worthiness; The Applicant's family members in China are not affiliated with the Chinese government and do not pose a risk of foreign influence.
Why the Applicant Prevailed
- The Applicant surrendered his Chinese passport and renounced his Chinese citizenship, demonstrating a preference for the U.S.
- His contacts with foreign relatives were infrequent and not of a nature to influence his security worthiness.
- The Applicant's family members in China are not affiliated with the Chinese government and do not pose a risk of foreign influence.
Conditions Referenced
- C1raisedThe Exercise of Dual Citizenship
- C2raisedPossession And/or Use of a Foreign Passport
- C1appliedDual Citizenship Is Based Solely on Parent's Citizenship or Birth in a Foreign Country
- C4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship
- B1raisedAn Immediate Family Member, or Person to Whom the Individual Has Close Ties of Affection or Obligation, Is a Citizen Of, or Resident or Present In, a Foreign Country
- B3appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent
Key Rule Quoted
“The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is eligible for a security clearance.”
Procedural Posture
- SOR issuedMay 24, 2005
- Answer filedJun 7, 2005
- Hearing heldSep 28, 2005
- Decision dateOct 31, 2005
Cite For
- Mitigation of Foreign Preference Under Guideline C
- Mitigation of Foreign Influence Under Guideline B
- Impact of Renouncing Foreign Citizenship on Security Clearance Eligibility