Summary
The applicant, a 34-year-old information technology professional and U.S. citizen born in Hong Kong, faced security concerns under Guideline B (Foreign Influence) due to familial ties in Hong Kong and China. Despite admitting to several allegations, the applicant failed to provide sufficient evidence to mitigate the risks associated with his foreign contacts, leading to a denial of his security clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Withdrawn (1.a). Applicant’s father is a citizen and resident of Hong Kong and his stepmother is a citizen of China residing in Hong Kong. Both have been retired for several years. Neither has been a “member of any group, organization, or government.” (1.b). Applicant has a step-sister who is a citizen of China and permanent resident of Canada. She plans to become a Canadian citizen. A housewife, she has never been a “member of a group, organization, or government.” (1.c). Applicant’s mother-in-law is a citizen of Hong Kong. She plans to become a United States citizen once her requirements are met. She was granted permanent resident status by the United States, but is currently residing in Hong Kong in order to care for her own mother-in-law (1.d). Applicant failed to address security concerns regarding his wife’s mother. Therefore, security concerns remain with regard to Applicant’s parents and mother-in-law (1.e).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b), AG ¶ 8(c). The decision turned on the following: The applicant failed to provide sufficient facts to mitigate security concerns regarding foreign influence from family members in Hong Kong and China; The applicant's relationships with foreign family members were deemed close enough to create a heightened risk of exploitation or coercion; The applicant did not adequately address the nature of his relationships with his foreign family members or provide evidence of his loyalty to U.S. interests.
Why the Applicant Was Denied
- The applicant failed to provide sufficient facts to mitigate security concerns regarding foreign influence from family members in Hong Kong and China.
- The applicant's relationships with foreign family members were deemed close enough to create a heightened risk of exploitation or coercion.
- The applicant did not adequately address the nature of his relationships with his foreign family members or provide evidence of his loyalty to U.S. interests.
Conditions Referenced
- AG ¶ 7(a)appliedContact with Foreign Family Members
- AG ¶ 7(b)appliedConnections to Foreign Persons Creating Potential Conflict of Interest
- AG ¶ 8(a)rejectedNature of Relationships with Foreign Persons Unlikely to Create ConflictThe applicant's relationships with foreign family members were not casual or infrequent.
- AG ¶ 8(b)rejectedNo Conflict of Interest Due to Minimal Loyalty to Foreign PersonsInsufficient facts were provided to assess the applicant's loyalty.
- AG ¶ 8(c)rejectedCasual and Infrequent Contact with Foreign CitizensThe applicant's bi-monthly contact with his father and stepmother indicated a close relationship.
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedMar 15, 2010
- Answer filedApr 5, 2010
- Hearing held—Applicant chose an administrative determination.
- Decision dateAug 3, 2010
Cite For
- Evaluation of Foreign Influence Under Guideline B
- Importance of Familial Relationships in Security Clearance Determinations
- Burden of Proof on the Applicant in Security Clearance Cases