Summary
A 45-year-old defense contractor, originally from China, was denied a security clearance due to foreign influence concerns under Guideline B. The denial primarily stemmed from her husband's Chinese citizenship and her parents-in-law's continued residency and citizenship in China. The Statement of Reasons highlighted these connections, noting that China requires a visa for U.S. citizens to enter.
While the applicant is a U.S. citizen with strong community ties, and her mother is a U.S. citizen with her father being a permanent resident planning for U.S. citizenship, these factors did not sufficiently mitigate the identified risks. Her brother is also a U.S. citizen, temporarily working in China for a U.S. financial management corporation.
The judge determined that the applicant did not adequately mitigate the foreign influence concerns, particularly given the heightened risk of foreign exploitation associated with her in-laws' situation in China. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant did not mitigate foreign influence concerns stemming from her husband's Chinese citizenship.
- The Chinese citizenship and residency of her parents-in-law created a heightened risk of foreign exploitation.
Conditions Referenced
- FI DC 7(a)appliedContact with a Foreign Family Member, Business or Professional Associate, Friend, or Other Person Who Is a Citizen of or Resident in a Foreign Country If That Contact Creates a Heightened Risk of Foreign Exploitation, Inducement, Manipulation, Pressure, or Coercion
- FI DC 7(d)appliedSharing Living Quarters with a Person or Persons, Regardless of Citizenship Status, If That Relationship Creates a Heightened Risk of Foreign Exploitation, Inducement, Manipulation, Pressure, or Coercion
- FI MC 8(a)rejectedThe Nature of the Relationships with Foreign Persons, the Country in Which These Persons Are Located, or the Positions or Activities of Those Persons in That Country Are Such That It Is Unlikely That the Individual Will Be Placed in a Position of Having to Choose Between the Interests of a Foreign Individual, Group, Organization, or Government and the Interests of the U.S.The judge found that the risks associated with the applicant's relationships with her husband and parents-in-law were significant due to China's espionage activities.
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 an acceptable security risk.”
Procedural Posture
- SOR issuedMar 28, 2007
- Answer filedApr 11, 2007Applicant elected to have the case decided on the written record.
- Hearing held—
- Decision dateSep 17, 2007
Cite For
- Foreign Influence Concerns Under Guideline B
- Impact of Foreign Citizenship on Security Clearance
- Insufficient Mitigation of Risks Associated with Foreign Connections