ISCR Case 19-03931

Case Headnote

ISCR Case No. 19-03931

grantedFeb 25, 2021· Hon. Wilford H. Ross· hearing

Summary

A 56-year-old defense contractor with a Master's degree in Engineering was granted national security eligibility under Guideline B (Foreign Influence). The Statement of Reasons raised concerns regarding the applicant's family ties to China, including an 83-year-old mother and 85-year-old father, both retired university professors in China. Additionally, the applicant has a 49-year-old brother, two brothers-in-law, and three sisters-in-law who are citizens and residents of China. The applicant had previously sponsored their parents to live as lawful permanent residents in the U.S. from 2000 to 2014.

Disqualifying conditions under Guideline B were initially considered, specifically regarding immediate family members who are citizens of a foreign country and potential foreign influence. However, the administrative judge applied several mitigating conditions.

The judge determined that the applicant's strong ties to the U.S. mitigated any potential risks. The applicant has resided in the U.S. for over 30 years, is a naturalized citizen, and maintains substantial financial interests solely within the U.S. Contact with family in China is minimal, primarily limited to health-related matters. Based on these factors, the security clearance was GRANTED.

Why the Applicant Prevailed

The applicant has lived in the U.S. for over 30 years and is a naturalized citizen.
The applicant maintains minimal contact with family in China, primarily concerning their health.
The applicant has substantial financial interests in the U.S. and no ties to China.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant has family members residing in China, which raises concerns of foreign influence.
AG ¶ 7(b)raisedConnections to Foreign PersonsThe applicant's connections to family in China could create a potential conflict of interest.

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign PersonsThe applicant's relationships with foreign family members are unlikely to create divided loyalties.
AG ¶ 8(b)appliedMinimal Conflict of InterestThe applicant's long-standing ties and loyalty to the U.S. outweigh any foreign connections.
AG ¶ 8(c)appliedCasual and Infrequent ContactThe applicant's contact with foreign relatives is infrequent and primarily about health.

Key Rule Quoted

“The mere possession of close family ties with a person in a foreign country is not, as a matter of law, disqualifying under Guideline B.”
— ISCR Case No. 03-02382 at 5 (App. Bd. Feb. 15, 2006); ISCR Case No. 99-0424 (App. Bd. Feb. 8, 2001).

Procedural Posture

SOR issuedMar 6, 2020
Answer filedMar 17, 2020
Hearing heldJan 21, 2021Hearing convened as scheduled.
Decision dateFeb 25, 2021

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of U.S. Residency and Citizenship in Security Clearance Decisions
Evaluation of Familial Ties in the Context of National Security Eligibility.

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	Applicant's mother is 83 years old. Before she retired in approximately 2000 she was a professor at a university in China.	For Applicant	Parent in Foreign Country Immediate Family	China HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Deep U.S. Ties Claimed Foreign Assets Divested
1.b	Applicant's father is 85 years old. He retired in 1998 as a professor at a university in China.	For Applicant	Parent in Foreign Country Immediate Family	China HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Deep U.S. Ties Claimed Foreign Assets Divested
1.c	Applicant's brother is a citizen and resident of China. He is 49 years old.	For Applicant	Sibling in Foreign Country Immediate Family	China HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Deep U.S. Ties Claimed Foreign Assets Divested
1.d	Applicant has two brothers-in-law who are citizens and residents of China.	For Applicant	In Law in Foreign Country Immediate Family	China HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Deep U.S. Ties Claimed Foreign Assets Divested
1.e	Applicant has three sisters-in-law. One is married to her brother. That sister-in-law is a teacher.	For Applicant	In Law in Foreign Country Immediate Family	China HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Deep U.S. Ties Claimed Foreign Assets Divested
1.f	Applicant sponsored her mother and father to live full-time in the United States as lawful permanent residents from 2000 to 2014.	For Applicant	Failure to Disclose Foreign Association Immediate Family	China HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Deep U.S. Ties Claimed Foreign Assets Divested

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's mother is 83 years old. Before she retired in approximately 2000 she was a professor at a university in China.

For Applicant

Parent in Foreign Country

Immediate Family

China

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

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

Claimed

Deep U.S. Ties

Claimed

Foreign Assets Divested

1.b

Applicant's father is 85 years old. He retired in 1998 as a professor at a university in China.

For Applicant

Parent in Foreign Country

Immediate Family

China

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

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

Claimed

Deep U.S. Ties

Claimed

Foreign Assets Divested

1.c

Applicant's brother is a citizen and resident of China. He is 49 years old.

For Applicant

Sibling in Foreign Country

Immediate Family

China

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

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

Claimed

Deep U.S. Ties

Claimed

Foreign Assets Divested

1.d

Applicant has two brothers-in-law who are citizens and residents of China.

For Applicant

In Law in Foreign Country

Immediate Family

China

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

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

Claimed

Deep U.S. Ties

Claimed

Foreign Assets Divested

1.e

Applicant has three sisters-in-law. One is married to her brother. That sister-in-law is a teacher.

For Applicant

In Law in Foreign Country

Immediate Family

China

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

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

Claimed

Deep U.S. Ties

Claimed

Foreign Assets Divested

1.f

Applicant sponsored her mother and father to live full-time in the United States as lawful permanent residents from 2000 to 2014.

For Applicant

Failure to Disclose Foreign Association

Immediate Family

China

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

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

Claimed

Deep U.S. Ties

Claimed

Foreign Assets Divested

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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

APPEARANCES

STATEMENT OF CASE

PROCEDURAL RULINGS

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION