Summary
A 40-year-old U.S. citizen, originally from China, was denied a security clearance under Guideline B (Foreign Influence) due to significant familial and financial ties to China. The Statement of Reasons detailed that the applicant's wife is a Chinese citizen and U.S. permanent resident, while both his parents and his wife's parents are citizens and residents of China.
Further concerns included the applicant's ownership interest in his parents' home in China and his wife's ownership interest in her parents' home there. The applicant and his wife also maintain a bank account in China with approximately $5,000. These factors, combined with the applicant's significant ties to his parents and in-laws, raised disqualifying conditions related to foreign influence.
Despite the application of several mitigating conditions, the judge determined that the applicant's substantial familial connections and co-ownership of property in China, valued at approximately $400,000, created a heightened risk of foreign influence. The applicant's wife's Chinese citizenship and their regular contact with family in China further contributed to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant has significant familial ties to China, including parents and in-laws who are citizens and residents there.
- The applicant co-owns property in China valued at approximately $400,000, which creates a potential conflict of interest.
- The applicant's wife is a Chinese citizen, and they maintain regular contact with their family in China, increasing the risk of foreign influence.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
- AG ¶ 7(d)raisedSharing Living Quarters with a Foreign National
- AG ¶ 7(e)raisedSubstantial Financial Interest in a Foreign Country
- AG ¶ 8(a)rejectedNature of Relationship with Foreign Persons Unlikely to Create ConflictThe applicant has regular contact with his family in China, making it likely he could face a conflict of interest.
- AG ¶ 8(b)rejectedNo Conflict of Interest Due to Minimal Loyalty to Foreign PersonsThe applicant's significant ties to his family in China suggest a potential conflict of interest.
- AG ¶ 8(c)rejectedCasual and Infrequent Contact with Foreign CitizensThe applicant maintains regular and frequent contact with his family in China.
- AG ¶ 8(f)rejectedValue of Foreign Interests Unlikely to Result in ConflictThe applicant's financial interests in China are substantial and could be used to influence him.
Key Rule Quoted
“The United States has a compelling interest in protecting and safeguarding classified information from any person, organization, or country that is not authorized to have access to it, regardless of whether that person, organization, or country has interests inimical to those of the United States.”
Procedural Posture
- SOR issuedMar 30, 2016
- Answer filedApr 13, 2016Applicant elected to proceed without a hearing.
- Hearing held—Decided on the written record.
- Decision dateApr 27, 2017
Cite For
- Heightened Risk of Foreign Influence Due to Familial Ties Under Guideline B
- Significant Financial Interests in a Foreign Country as a Disqualifying Condition
- The Importance of the Whole-person Concept in Security Clearance Evaluations