ISCR Case 07-13696.h1

Case Headnote

ISCR Case No. 07-13696.h1

grantedJul 1, 2007· Hon. Claude R. Heiny II· hearing

Summary

A 39-year-old naturalized U.S. citizen, originally from the People's Republic of China (PRC), was granted a security clearance under Guideline B (Foreign Influence). Concerns were raised due to her family ties, including parents who are PRC citizens living with her in the U.S., a brother and sister-in-law who are PRC citizens and residents, and in-laws who are German citizens and residents. The applicant maintained limited contact with her brother via email twice a year and exchanged birthday emails with her mother-in-law and sister-in-law. Additionally, her parents receive monthly retirement checks from the PRC, and the applicant visited the PRC for two weeks in 2006.

Disqualifying conditions related to foreign influence were considered, but mitigating factors were applied. The applicant has resided in the U.S. since 1993, demonstrating strong ties to the country, and her parents are permanent U.S. residents living with her. Her husband is also a permanent U.S. resident and a professor in Germany, with no significant ties identified as a security risk.

Ultimately, the applicant successfully rebutted the government's concerns by demonstrating substantial connections to the U.S. and the limited nature of her foreign contacts. The security clearance was granted.

Why the Applicant Prevailed

Applicant has lived in the U.S. since 1993 and is a naturalized citizen, demonstrating strong ties to the country.
The applicant's parents are permanent U.S. residents living with her, mitigating concerns about foreign influence.
The applicant's husband is a permanent U.S. resident and a professor in Germany, with no significant ties that would pose a risk.

Conditions Referenced

Disqualifying

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 Foreign Contacts

Mitigating

AG ¶ 8(a)appliedU.S. Citizenship and Residence
AG ¶ 8(b)appliedFamily Ties in the U.S.
AG ¶ 8(c)appliedLimited Contact with Foreign Relatives

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.”
— ISCR Case No. 03-02382 at 5 (App. Bd. Feb. 15, 2006)

Procedural Posture

SOR issuedApr 3, 2008
Answer filedApr 25, 2008
Hearing heldSep 10, 2008
Decision dateSep 18, 2008

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of U.S. Citizenship and Residency in Security Clearance Decisions
Consideration of Family Ties and Their Impact on Security Risk Assessments

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant's parents are citizens of the PRC living with her in the U.S.	For Applicant	Parent in Foreign Country Immediate Family	PRC HEIGHTENED RISK	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.b	Her brother and sister-in-law are citizens and residents of the PRC.	For Applicant	Sibling in Foreign Country Immediate Family	PRC HEIGHTENED RISK	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.c	Her in-laws are citizens and residents of Germany.	For Applicant	In Law in Foreign Country Immediate Family	Germany LOW RISK / ALLY	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.d	Applicant exchanges emails with her mother-in-law and sister-in-law on birthdays.	For Applicant	In Law in Foreign Country Immediate Family	Germany LOW RISK / ALLY	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.e	Applicant visited the PRC for two weeks in 2006.	For Applicant	Unspecified Foreign Relationship Other	PRC HEIGHTENED RISK	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.f	Applicant's parents receive monthly retirement checks from the PRC.	For Applicant	Parent in Foreign Country Immediate Family	PRC HEIGHTENED RISK	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
1.g	Applicant has contact with her brother twice a year by email.	For Applicant	Sibling in Foreign Country Immediate Family	PRC HEIGHTENED RISK	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's parents are citizens of the PRC living with her in the U.S.

For Applicant

Parent in Foreign Country

Immediate Family

PRC

HEIGHTENED RISK

Denied

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Credited

Deep U.S. Ties

1.b

Her brother and sister-in-law are citizens and residents of the PRC.

For Applicant

Sibling in Foreign Country

Immediate Family

PRC

HEIGHTENED RISK

Denied

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Credited

Deep U.S. Ties

1.c

Her in-laws are citizens and residents of Germany.

For Applicant

In Law in Foreign Country

Immediate Family

Germany

LOW RISK / ALLY

Denied

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Credited

Deep U.S. Ties

1.d

Applicant exchanges emails with her mother-in-law and sister-in-law on birthdays.

For Applicant

In Law in Foreign Country

Immediate Family

Germany

LOW RISK / ALLY

Denied

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Credited

Deep U.S. Ties

1.e

Applicant visited the PRC for two weeks in 2006.

For Applicant

Unspecified Foreign Relationship

Other

PRC

HEIGHTENED RISK

Denied

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Credited

Deep U.S. Ties

1.f

Applicant's parents receive monthly retirement checks from the PRC.

For Applicant

Parent in Foreign Country

Immediate Family

PRC

HEIGHTENED RISK

Denied

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Credited

Deep U.S. Ties

1.g

Applicant has contact with her brother twice a year by email.

For Applicant

Sibling in Foreign Country

Immediate Family

PRC

HEIGHTENED RISK

Denied

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Credited

Deep U.S. Ties

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES