Summary
This case concerns a 28-year-old defense contractor employee who was granted a security clearance despite initial concerns under Guideline B (Foreign Influence) due to family ties in China. The Statement of Reasons noted that the applicant's father, a naturalized U.S. citizen, had temporarily resided and conducted business in China for several years, and later returned periodically for medical treatment. Her uncle and cousin, both Chinese citizens, reside in China.
Disqualifying conditions under Guideline B were raised, specifically regarding foreign family ties. However, the judge applied several mitigating conditions. It was established that the applicant's father, now a permanent U.S. resident, has no plans to return to China. The applicant also maintained only minimal contact with her extended family in China, communicating just a few times a year.
Crucially, no evidence was presented to suggest that the applicant or her family members were involved in espionage or had been targeted by Chinese intelligence. Given the limited contact with family members who had no affiliations with the Chinese government, the security concerns were mitigated, and the applicant was granted eligibility for a security clearance.
Why the Applicant Prevailed
- The applicant's father is a naturalized U.S. citizen who no longer resides in China and has no plans to return.
- The applicant has minimal contact with her extended family in China, communicating only a few times a year.
- No evidence was presented that the applicant or her family members were involved in espionage or targeted by Chinese intelligence.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant's father and extended family members reside in China, raising potential foreign influence concerns.
- AG ¶ 8(a)appliedU.S. Citizenship and Residence of Family MembersThe applicant is a native-born U.S. citizen, and her father is a naturalized U.S. citizen who no longer resides in China.
- AG ¶ 8(b)appliedLimited Contact with Foreign RelativesThe applicant has minimal and infrequent contact with her relatives in China.
- AG ¶ 8(c)appliedNo Foreign Financial InterestsThe applicant has no financial interests or assets in China.
Key Rule Quoted
“The mere possession of close family ties with a person in a foreign country is not, as a matter of law, disqualifying under Guideline B.”
Procedural Posture
- SOR issuedJun 9, 2016
- Answer filedJul 5, 2016Applicant elected to proceed without a hearing.
- Hearing held—Decision made on the written record.
- Decision dateSep 15, 2017
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Importance of Limited Contact with Foreign Relatives
- Consideration of U.S. Citizenship in Security Clearance Determinations