Summary
Applicant is a 33-year-old naturalized U.S. citizen from the People's Republic of China (PRC) with family members residing in the PRC. Despite having a grandmother and brother in the PRC, the applicant maintains a close relationship with her parents and husband, both U.S. citizens. The judge found that the applicant is not vulnerable to foreign influence due to the limited contact with her relatives in the PRC and her strong ties to the U.S., leading to a decision to grant her security clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant’s grandmother and brother are citizens and residents of the PRC, but she does not have a close relationship with them (1.a). Applicant’s parents are PRC citizens. They both have resident alien status from the U. S., and they reside here with Applicant (1.b). Applicant has traveled to the PRC on three occasions 1993, 1997, and her last visit in 2002. The primary reason for these visits was to see her parents (1.c). Applicant’s grandmother is 92 years old. She has never been employed outside of the home. Her brother is unemployed, he takes care of his grandmother, and he is studying English in preparation for immigrating to the United States (1.d).
The judge granted the clearance. The government raised disqualifying conditions DC (a). The judge applied mitigating conditions MC (b), MC (c). The decision turned on the following: Applicant has a close and continuing relationship with her parents and husband, both U.S. citizens; The applicant's contact with her relatives in the PRC is infrequent and casual, reducing the risk of foreign influence; The applicant has demonstrated strong ties to the U.S. and a commitment to remain in the country.
Why the Applicant Prevailed
- Applicant has a close and continuing relationship with her parents and husband, both U.S. citizens.
- The applicant's contact with her relatives in the PRC is infrequent and casual, reducing the risk of foreign influence.
- The applicant has demonstrated strong ties to the U.S. and a commitment to remain in the country.
Conditions Referenced
- DC (a)raisedContact with Foreign Family MembersContact with foreign family members, who are citizens and residents in a foreign country, creates heightened risk of foreign exploitation, pressure, or coercion.
- MC (b)appliedDeep and Longstanding Relationships and Loyalties in the U.S.The applicant has such deep and longstanding relationships and loyalties in the U.S. that she can be expected to resolve any conflict of interest in favor of U.S. interests.
- MC (c)appliedCasual and Infrequent Contact with Foreign CitizensThe contact with foreign citizens is so casual and infrequent that there is little likelihood it could create a risk for foreign influence or exploitation.
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the U.S. Government that is predicated upon trust and confidence.”
Procedural Posture
- SOR issuedNov 21, 2006
- Answer filedDec 11, 2006
- Hearing heldMar 28, 2007
- Decision dateMay 22, 2007
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Importance of Familial Relationships in Security Clearance Determinations
- Evaluation of Casual Contact with Foreign Relatives in Security Clearance Cases