Summary
The Applicant, a 43-year-old defense contractor and naturalized U.S. citizen originally from China, sought a security clearance despite having foreign family ties, including a father who is a Chinese citizen residing with him and in-laws living in China. The judge found that the Applicant's close family ties in the U.S. and the nature of his relationships with his foreign relatives mitigated any potential security concerns, leading to a favorable decision.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: The Applicant’s father is a citizen of the People’s Republic of China (China), but he lives with the Applicant (1.a). His in-laws are citizens of China and reside there (1.b). They are not agents of the Chinese government, or in a position to be exploited by that government (1.c).
The judge granted the clearance. The government raised disqualifying conditions B.7.a, B.7.b, B.7.d. The judge applied mitigating conditions B.7.a, B.7.b. The decision turned on the following: The Applicant's immediate family, including his wife and children, are American citizens, reducing the risk of foreign influence; The Applicant's in-laws in China are not agents of the Chinese government and do not pose a threat of coercion; The Applicant demonstrated knowledge of his security responsibilities and a commitment to U.S. interests.
Why the Applicant Prevailed
- The Applicant's immediate family, including his wife and children, are American citizens, reducing the risk of foreign influence.
- The Applicant's in-laws in China are not agents of the Chinese government and do not pose a threat of coercion.
- The Applicant demonstrated knowledge of his security responsibilities and a commitment to U.S. interests.
Conditions Referenced
- B.7.araisedContact with a Foreign Family Member
- B.7.braisedConnections to a Foreign Person
- B.7.draisedSharing Living Quarters with a Foreign National
- B.7.aappliedNature of Relationships with Foreign Persons
- B.7.bappliedMinimal Conflict of Interest
Key Rule Quoted
“[Matters], such as evidence of an applicant’s personal loyalties, the nature and extent of an applicant’s family ties to the U.S. relative to his ties to a foreign country, his or her social ties within the U.S., and many others raised by the facts of a given case can properly be factored in to a judge’s evaluation of an applicant’s worthiness for a security clearance.”
Procedural Posture
- SOR issuedOct 18, 2006
- Answer filedNov 3, 2006
- Hearing heldJan 25, 2007
- Decision dateMar 12, 2007
Cite For
- Mitigation of Foreign Influence Under Guideline B
- Consideration of Family Ties in Security Clearance Decisions
- Whole Person Standard in Evaluating Security Clearance Eligibility