Summary
A 39-year-old naturalized U.S. citizen, originally from Bulgaria, was denied a security clearance under Guideline B (Foreign Influence). The denial stemmed from concerns related to his marriage to a Chinese citizen and his wife's extensive family ties in China.
The Statement of Reasons cited two primary allegations: contact with foreign family members that could create a heightened risk of foreign exploitation, and connections to a foreign country that could create a conflict of interest regarding classified information. Disqualifying conditions under AG ¶ 7(a), AG ¶ 7(b), and AG ¶ 7(e) were raised, while mitigating conditions under AG ¶ 8(a), AG ¶ 8(b), and AG ¶ 8(c) were applied.
Ultimately, the judge determined that the applicant's wife being a citizen of China, their shared residence overseas, and his in-laws' citizenship and residency in China created a potential conflict of interest. These factors, combined with the wife's strong family connections in China, were found to pose a heightened risk of foreign influence, leading to the denial of the security clearance.
Why the applicant was denied
- The applicant's wife is a citizen of China, and they live together overseas, which raises concerns of foreign influence.
- The applicant's in-laws are citizens and residents of China, creating a potential conflict of interest.
- The applicant's wife has extensive ties to her family in China, which could compromise his loyalty to U.S. interests.
Conditions referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to a Foreign Person That Create a Potential Conflict of Interest
- AG ¶ 7(e)raisedShared Living Quarters with a Foreign National
- AG ¶ 8(a)rejectedNature of the Relationship with Foreign PersonsThe applicant's relationship with his wife and her family in China creates a risk for foreign influence.
- AG ¶ 8(b)rejectedNo Conflict of Interest Due to Minimal Loyalty to Foreign PersonsThe applicant's loyalty to his wife and her family is significant.
- AG ¶ 8(c)rejectedCasual and Infrequent Contact with Foreign CitizensThe applicant's contact with his wife is frequent and more than casual.
Key rule quoted
“The mere possession of a close personal relationship with a person who is a citizen and resident of a foreign country is not, as a matter of law, disqualifying under Guideline B.”
Procedural posture
- SOR issuedSep 7, 2017
- Answer filedOct 5, 2017
- Hearing heldApr 17, 2018
- Decision dateJun 6, 2018
Cite for
- Foreign Influence Concerns Due to Marriage to a Foreign National
- Impact of Familial Ties on Security Clearance Eligibility
- Evaluation of Mitigating Conditions Under Guideline B