Summary
The applicant, a 36-year-old naturalized U.S. citizen originally from the People's Republic of China (PRC), sought to maintain his security clearance under Guideline B concerning foreign influence. Despite having family members residing in the PRC, the applicant demonstrated significant ties to the U.S. and a lack of close contact with his relatives, which mitigated the government's concerns. The judge granted the clearance, emphasizing the applicant's loyalty to the U.S. and his contributions to national security.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant’s parents and siblings are citizens and residents of the PRC in the Xinjiang Uyghur Autonomous Region (1.a). Applicant has sent money to his younger brother and mother in the PRC (1.b). Twice since he has been in the U.S., Chinese authorities have asked his parents about him (1.c).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b), AG ¶ 8(c). The decision turned on the following: The applicant has lived in the U.S. since 1998 and is a naturalized citizen, demonstrating strong ties to the country; He has limited contact with his family in the PRC, reducing the risk of foreign influence; The applicant's work as a linguist for the U.S. Army Joint Task Force has been exemplary, with no complaints against him.
Why the Applicant Prevailed
- The applicant has lived in the U.S. since 1998 and is a naturalized citizen, demonstrating strong ties to the country.
- He has limited contact with his family in the PRC, reducing the risk of foreign influence.
- The applicant's work as a linguist for the U.S. Army Joint Task Force has been exemplary, with no complaints against him.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant's family resides in the PRC, creating a potential risk of foreign influence.
- AG ¶ 8(a)appliedNature of Relationships with Foreign PersonsThe applicant's limited contact with his family makes it unlikely he will face a conflict of interest.
- AG ¶ 8(b)appliedMinimal Conflict of InterestThe applicant has deep ties to the U.S. and no evidence suggests his family is involved in activities that would attract attention.
- AG ¶ 8(c)appliedCasual and Infrequent ContactThe applicant's infrequent communication with his family reduces the likelihood of foreign influence.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedApr 29, 2008
- Answer filedMay 30, 2008
- Hearing heldAug 7, 2008
- Decision dateSep 9, 2008
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Importance of Strong U.S. Ties in Security Clearance Cases
- Impact of Limited Foreign Family Contact on Security Clearance Decisions