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Summary

The applicant, a 65-year-old information technology contractor, faced security clearance denial primarily due to foreign influence concerns related to his wife, a citizen of the People's Republic of China (PRC), and her parents. Despite some favorable findings regarding his stepson and wife's employment, the judge determined that the risks associated with the applicant's connections to PRC citizens were significant, emphasizing the potential for coercion and the PRC's history of espionage against U.S. interests.

Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant failed to mitigate the foreign influence security concern generated by his relationship with his wife, a citizen of the People’s Republic of China (PRC), and her parents, who are both PRC citizens and residents (1.a). Applicant’s relationship with his stepson does not trigger a security concern (1.b). Applicant’s wife’s relationship with her parents, both PRC citizens and residents, triggers security concerns (1.c). Applicant’s wife’s retirement from her position as a professor at a university in the PRC does not trigger security concerns (1.d). Applicant’s father-in-law’s retirement from the PRC government does not increase security concerns (1.e). The PRC’s hostile espionage activities against the United States and U.S. interests create a security risk (1.f).

The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(e). The judge applied mitigating conditions AG ¶ 8(f), AG ¶ 8(b). The decision turned on the following: The applicant failed to mitigate foreign influence concerns stemming from his relationship with his wife, a PRC citizen; The judge emphasized the significant risk of coercion due to the applicant's connections to PRC citizens; The PRC's history of espionage against U.S. interests was a critical factor in the denial.

Why the Applicant Was Denied

• The applicant failed to mitigate foreign influence concerns stemming from his relationship with his wife, a PRC citizen.
• The judge emphasized the significant risk of coercion due to the applicant's connections to PRC citizens.
• The PRC's history of espionage against U.S. interests was a critical factor in the denial.

Conditions Referenced

Key Rule Quoted

“Eligibility for access to classified information is denied.”

Procedural Posture

• SOR issuedFeb 26, 2021
• Answer filedMar 10, 2021
• Hearing heldJul 25, 2022Hearing was held as scheduled.
• Decision dateNov 16, 2022

Cite For

• Foreign Influence Concerns Under Guideline B
• Impact of Foreign Family Ties on Security Clearance
• The Significance of Coercion Risks From Foreign Nationals