Summary
The applicant, a naturalized U.S. citizen originally from the People's Republic of China (PRC), sought a security clearance under Guideline B (Foreign Influence) and Guideline F (Financial Considerations). The applicant's familial ties in the PRC were deemed unlikely to create a risk of coercion or divided loyalties, particularly after the death of his mother, and he demonstrated strong professional support and financial stability in the U.S. The judge granted the security clearance, finding no significant security concerns.
Under Guideline B (Foreign Influence) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: The Applicant’s mother passed away in December of 2008; and as a result, he has little incentive to now visit the PRC (1.a). The Applicant has three siblings, one older brother and two older sisters, who are citizens and residents of the PRC (1.b). The Applicant’s in-laws are citizens and residents of the PRC (1.c).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 6. The judge applied mitigating conditions AG ¶ 8(a). The decision turned on the following: The applicant has no love or loyalty to the PRC due to his family's history and circumstances; The applicant's mother passed away, reducing his ties to the PRC; The applicant's siblings and in-laws are not connected to the PRC government and are not members of the Communist Party; The applicant's financial interests are firmly established in the U.S., with no assets in the PRC.
Why the Applicant Prevailed
- The applicant has no love or loyalty to the PRC due to his family's history and circumstances.
- The applicant's mother passed away, reducing his ties to the PRC.
- The applicant's siblings and in-laws are not connected to the PRC government and are not members of the Communist Party.
- The applicant's financial interests are firmly established in the U.S., with no assets in the PRC.
Conditions Referenced
- AG ¶ 6raisedForeign Influence
- AG ¶ 8(a)appliedMitigating Conditions for Foreign InfluenceThe nature of the relationships with foreign persons is such that it is unlikely the individual will be placed in a position of having to choose between the interests of a foreign individual and the interests of the U.S.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedNov 14, 2008
- Answer filedDec 8, 2008
- Hearing heldJan 21, 2009
- Decision dateFeb 6, 2009
Cite For
- Mitigation of Foreign Influence Concerns Due to Familial Ties in the PRC
- Consideration of the Whole Person Concept in Security Clearance Decisions
- Importance of Professional Support in Security Clearance Evaluations