Summary
A 38-year-old Mechanical Engineer, born in Hong Kong, was granted a security clearance despite initial concerns under Guideline B (Foreign Influence). The Statement of Reasons highlighted that the applicant's biological father is a citizen and resident of Hong Kong, China. However, it also noted the applicant's minimal contact with his father, whom he does not consider a close family member, and his assertion that he does not identify with Chinese culture and has cut ties with China.
Disqualifying Condition 7(a) was raised, but Mitigating Conditions 8(a) and 8(c) were applied. The judge determined that the applicant had lived in the U.S. since childhood, fully assimilating into American culture. Furthermore, the applicant's contact with his biological father was infrequent and lacked a close bond, and all of his immediate family members are U.S. citizens and residents.
Ultimately, the judge found that the applicant had no significant ties to Chinese culture and demonstrated a lack of vulnerability to foreign influence, leading to the granting of the security clearance.
Why the Applicant Prevailed
- The applicant has lived in the U.S. since childhood and fully assimilated into American culture.
- The applicant's contact with his biological father is infrequent and lacks a close bond.
- The applicant's immediate family members are all U.S. citizens and residents.
Conditions Referenced
- 7(a)raisedContact with a Foreign Family Member, Business or Professional Associate, Friend, or Other Person Who Is a Citizen of or Resident of a Foreign Country If That Contact Creates a Heightened Risks of Foreign Exploitation, Inducement, Manipulation, Pressure, or Coercion.
- 8(a)appliedThe Nature of the Relationships with Foreign Persons, the Country in Which These Persons Are Located, or the Positions or Activities of Those Persons in That Country Are Such That It Is Unlikely the Individual Will Be Placed in a Position of Having to Choose Between the Interests of a Foreign Individual, Group, Organization, or Government and the Interests of the U.S.
- 8(c)appliedContact or Communication with Foreign Citizens Is so Casual and Infrequent That There Is Little Likelihood That It Could Create a Risk for Foreign Influence or Exploitation.
Key Rule Quoted
“The Government must make out a case under Guideline B (foreign influence) that establishes doubt about a person's judgment, reliability and trustworthiness.”
Procedural Posture
- SOR issuedFeb 7, 2008
- Answer filedFeb 27, 2008
- Hearing heldApr 24, 2008
- Decision dateJun 20, 2008
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Importance of Familial Relationships in Assessing Foreign Influence
- Assimilated Cultural Identity as a Factor in Security Clearance Decisions