Summary
The applicant, a 32-year-old software engineer and U.S. citizen, faced security concerns under Guideline B (Foreign Influence) due to her father's residency in China and her in-laws' Chinese citizenship. Despite her strong ties to the U.S., the judge found that her close family connections to China created a potential for foreign influence, leading to the denial of her security clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Contact with a foreign family member, business or professional associate, friend, or other person who is a citizen of or resident in a foreign country if that contact creates a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion (1.a). Connections to a foreign person, group, government, or country that create a potential conflict of interest between the individual’s obligation to protect sensitive information or technology and the individual’s desire to help a foreign person, group, or country by providing that information (1.b). Sharing living quarters with a person or persons, regardless of citizenship status, if that relationship creates a heightened risk of foreign inducement, manipulation, pressure, or coercion (1.c).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), AG ¶ 7(d). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b), AG ¶ 8(c). The decision turned on the following: The applicant has a father who is a citizen and resident of China, creating a potential conflict of interest; The applicant's mother-in-law is a Chinese citizen living with her, increasing the risk of foreign pressure or coercion; Frequent contact with her father and in-laws in China raises security concerns under Guideline B.
Why the applicant was denied
- The applicant has a father who is a citizen and resident of China, creating a potential conflict of interest.
- The applicant's mother-in-law is a Chinese citizen living with her, increasing the risk of foreign pressure or coercion.
- Frequent contact with her father and in-laws in China raises security concerns under Guideline B.
Conditions referenced
- AG ¶ 7(a)raisedContact with a Foreign Family Member
- AG ¶ 7(b)raisedConnections to a Foreign Government
- AG ¶ 7(d)raisedSharing Living Quarters with a Foreign National
- AG ¶ 8(a)rejectedNature of Relationships with Foreign PersonsThe applicant did not establish it is unlikely she will be placed in a position of having to choose between U.S. interests and those of her father or in-laws.
- AG ¶ 8(b)appliedMinimal Conflict of InterestThe applicant has deep and longstanding relationships in the U.S., but this was insufficient to overcome security concerns.
- AG ¶ 8(c)rejectedCasual and Infrequent Contact with Foreign CitizensThe applicant's contact with her father and in-laws is frequent and significant.
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 issuedDec 19, 2006
- Answer filedDec 29, 2006
- Hearing heldMar 30, 2007
- Decision dateJul 18, 2007Remanded on November 14, 2007.
Cite for
- Foreign Influence Concerns Due to Family Ties Under Guideline B
- Impact of Foreign Citizenship of Family Members on Security Clearance
- Consideration of the Whole Person Concept in Security Clearance Decisions